The City Council meeting on July 10th Ran VERY long. As a result this post about it from me also runs VERY long. Sorry, but there was a lot to cover and I still likely missed a bunch (PLEASE feel free to reply to point out what I missed, point out where you feel I made a mistake, or where you feel my editorial commentary is wrong, this is a "discussion" site after all ).
There were camera crews there from all of the big three local news broadcasts. This was also the first meeting to be held at Wild Acres, in the Gym and it showed but just a little. Overall, especially when you consider the fact that this was the first meeting there, I think the staff of the City of Overland deserve a huge round of applause for doing so well the first time out. Also, the police officers there to assist us were, for the most part, the day shift crew. Their normal work shift starts around 7AM and they were still there to help us well after 10PM. Thanks Overland P.D.! You guys are the best!
One of the issues with holding the meeting at this location was parking. The Mayor pointed out to one resident that there were 45 more spaces here then at the Community Center. The resident rightly countered that there was an abundance of street parking at the CC while that is not an option at Wild Acres. Another issue is that roughly half of the available parking is actually down the hill at Wild Acres park. That makes it difficult for elderly and disabled residents to attend the meeting. According to Rebbeca Wu of Channel 5, who reported on the meeting, the Overland P.D. had to turn away 71 vehicles with approximately 100 passengers after the parking lot filled to capacity (a link to that broadcast is at the end of this post). Considering the issue raised by residents and apparently validated by St. Louis County Prosecutor Robert P. McCulloch, that failing to provide a venue that allows all residents wishing to attend council meetings to do so is possible violation of the Sunshine Law, it appears that we failed to resolve this issue by holding the meetings at Wild Acres. So, hats off to all those who did their best to make this venue work, though Mayor Purzner should have never moved the meetings here over more accessible, tax payer funded properties considering it failed to address the Sunshine Law issue since members still had to be turned away from the meetings location.
Now, wow....Where to begin. So many things happened that my right hand went numb from all the note taking. Several people thought I was a reporter for a newspaper or something. Perhaps I should be, maybe we can work together and publish an "Overland Watch -- Watch" paper. We could take each accusation made and challenge it. Actually, we can all contribute to such an effort right here on the forums should they decide to publish again.
But Back to the Meeting. Well before the meeting started with the City Attorney had to move his name plate from the table on the floor below the stage, to the council table. For those who do not know, the City Attorney has always sat at the Council table. I am not aware of any ordinance stating where people sit at council meetings, however the Mayor did not appear to make any effort to prevent the Attorney from moving up to his normal seat at the council table. Since the Mayor did not object, it could have been a simple mistake (perhaps an attempt to deal with limited space at the tables). However, it does not look good when considering the Mayor's feelings regarding the City Attorney.
A new group in town made an appearance. Wearing yellow tee-shirts with red lettering,
C.O.G.G. Citizens of Overland for Good Government was at the meeting in force. There were about 2 dozen members already there when I arrived at 6 PM. Alot can be said about Mayor Purzner, but you have to give the lady credit, she has done an excellent job of motivating civic involvement.
C.O.G.G. should also get a thank you from the residents in attendance for providing a free volunteer shuttle service for the meeting.
To my surprise, the Ordinances to be considered were posted, but they were taped down to the table, with no copies available for residents to take and review later. Not having a photographic memory I will not be able to cover them in any detail this time around.
I dropped off a mountain of pamphlets about the new voting machines so that interested residents could take them to get an idea of what they will see at their polling place on August 8th.. Unfortunately, due likely to fatigue and a brain overwhelmed by the sheer mountain of B.S. we'd all been subjected to at that meeting, I neglected to pick up any that remained. I'm sorry about that, and whomever got stuck taking care of them, I owe you a lunch, just let me know.
(Edited to add: I went to the Friends of Wild Acres meeting on the 13th and found the pamphlets still on the table so I took care of them. Guess I owe myself lunch :-) )Chief Herron arrived at the Gym at about 7PM to a thunderous applause from the residents. Right before the meeting started the Chief had a few words to say. He told us that he had been directed by the Mayor to maintain order and that no profanity, threats of violence, or offensive actions would be allowed. He said the residents who choose to comment would be strictly limited to their 3 minutes.
The chief also told us that the Mayor stated she would remove anyone who she ruled "out of order" as the meeting's chairperson, if the did not cease immediately (of course she seems to have an issue understanding what "out of order" actually is when following Robert's Rules of Order which is something I briefly address on my blog page).
Then, to our surprise the Mayor choose to start the meeting with her comments (which she later in the meeting referred to as her report). Now some took issue with this. According to the "Amended Tentative Agenda" The residents comments were to be first. In the Mayor's defense she is a Resident of Overland, and so I don't see why she should not be able to comment as well (I do not believe she exceeded the 3 minutes though I was not watching the time). However, when she later in the meeting said "Well I did my report at the beginning of the meeting" then I have to ask, was that meant to be her comments as any resident is allowed to make, or was that here report? If it was her report, then the Mayor was "Out of Order", as in the order the meeting was supposed to follow. The Mayors Report listed as Item 11 not Item 1 (and this is the "Amended Tentative Agenda" that was made available to residents by the City AT the meeting).
When it comes to the Mayors comments she stated some ground rules for resident comments and thanked the community center staff and others for doing a great job setting up the meeting. She complemented "the city staff" as being efficient, wonderful and more. But then it got interesting. She made mention to the "New Street Director" Scott Pope. Someone help me out here, where did that come from? She also said that if we do not like her as Mayor then that was our problem and if we do not like her as Mayor then we should run for the office next time around, which was followed by a brief outburst from what sounded like a majority of the crowd chanting "recall" 4 or 5 times. The Mayor went on to say that she was "elected by a
majority of the residents of Overland". Well Mayor, you were elected, you did receive more votes then anyone else and as a result you are our Mayor. However, 34% is not a "majority" of 100% (like a 4-3 vote
is a majority but I will cover that later), it is actually slightly more then a 1/3rd. Then when you take into account that we have of 16,000 residents and only 3000 or so voted, it is hard for anyone one with basic math skills to conclude that "a majority of city residents" were responsible for your election. By my math it looks more like 12% or so (rough guess). And by the way, a 5 vote margin is not exactly an "mandate" to anyone.
Of course residents comments followed, and the circus ensued. Some made good points, some made odd points and some made no points at all. Some were ruled "out of order" (which I have to ask: How is someone "out of order" when they are speaking within the time you allotted them to speak?), some were asked to leave the mic by the Chief under the direction of the Mayor, but over all it was not too bad. There were some really interesting ones though. First, after the 8th resident, the Mayor stated that they were out of time for further resident comments. Several Council members objected to this an a motion was made and seconded to allow the comments to continue so that all who requested to speak could do so. The Vote was polled and, surprise, surprise, Knode, Sellers and Owensby voted against it.
One Resident, the 8th speaker, who I believe stated he lived in Ward 2 specifically asked his Councilman, Tom Sellers about the Overland Watch "newspaper". He asked Councilman Sellers several questions about it, seeking to know if Councilman Sellers, read the paper and condoned everything in it. After a bit of a delay Councilman Sellers finally responded by saying "It's all Truth, there are things to back it up."
Well, being a site open to all Overland Residents I would like to formally Invite Councilman Sellers to join us and present those "things to back it up". We are reasonable people here, but this is Missouri so before we can believe you, but you have to prove it, such is life in the "show-me" state.Later the 11th resident to speak during residents comments at one point asked Mayor about the "Overland Watch" aka the "Red Rag". Specifically the Resident asked: "Is the Publisher here?" to which the Mayor replied "No". The resident followed up saying that he would like the thank the publisher to which the Mayor replied: "He is not here but I would be happy to Thank him for you." Now I seem to have misplaced my score card, so someone help me out here. Didn't the Mayor claim not to know who published this paper when asked about it shortly after it littered our lawns?
The 17th speaker of the evening sure caught everyone's attention, including that of all the reporters there. The resident was none other than our City Treasurer, Frances Kuhlmann. The treasurer attempted to speak about a issue where she states she has not been paid in a month at the direction of the Mayor. The Mayor argued that this was a "personnel matter" and should not be discussed publicly. I would like the Mayor to consider that fact that if this is not resolved it could easily turn into a legal litigation matter that would likely cost the City a great deal of money from the cost of the legal defense alone, and thus should be considered a public matter. Furthermore, we do not discuss personnel issues in public because of the employee's right to privacy and the need to protect that right. However, if the employee in question chooses to freely wave their right to privacy and discuss the issue publicly themselves, why should we stop them?
Later in the meeting there were more obstructionist tactics on the part of the Mayor as well as Councilman Knode, Councilman Sellers and Councilman Owensby when the City Attorney, during his report (which by the way was not listed on the "amended tentative agenda" and that fact was questioned by several council members) when he attempted to air this issue as well. Overall, the issue did get out there, and since every reporter present went over to talk to the Treasurer I imagine they will be contacting her for an interview on the issue which will surly put it in the public eye.
At issue is the Treasurer's refusal to sign a "personal check" to Ben Branch (the gentleman the Mayor attempted to illegally install as the new Police Chief) for the 5 days he "worked". The Mayor said he worked, so he should be paid. Sounds reasonable. However, since he was never legally hired, and thus should never have been put "on the job" in the first place, the residents of Overland should not be the ones paying him. The man having "worked" those 5 days was the sole responsibility of the Mayor, who choose to put him in that situation illegally. So, I believe it is reasonable to expect the Mayor to take responsibility for her actions and pay the man out of her own pocket.
There was a lot of odd procedural claims made at this meeting as well. Mayor Purzner. Could you please direct me to the Ordinance that states we cannot vote on anything (like allowing the Treasurer to continue to speak)? I can direct you to the Ordinance that states a Quorum is a minimum of 6 Council members. That would be:
Title I, Section 110, Article II, Section 110.170: Six (6) Councilmen shall constitute a quorum for the transaction of business. If at any meeting, a quorum is not present, the meeting shall stand adjourned until the next regular or special meeting, provided, that any four (4) members of the City Council, or the Mayor, may have a call of the City Council and send for and compel the attendance of the absent member or members and make and enter an order for his/her or their censure or fine.
I can also point you to the Ordinance that states that it takes a Majority of those
ELECTED to the City Council to pass an Ordinance. That would be:
Title I, Section 110, Article II, Section 110.260:No ordinance shall be passed except by bill, and no bill shall become an ordinance unless on its final passage a majority of the members elected to the City Council shall vote for it, and the "ayes" and "nays" be entered on the journal.
I am sorry Mayor, I do not see anything where it requires a 5 vote majority to pass anything. I freely admit that I am not expert on the city ordinances, and as a result I might have missed something. So please, direct me to the ordinance you are referring to that requires a 5 vote majority to pass a vote.
Also, is seemed to me, as a casual observer, that you had no problem allowing some votes to pass without a 5 vote majority, while claiming others could not without it. So, I am curious, if a 5 vote majority is required to pass anything, then why have a meeting at all?
Also, while we are on this subject I would like Mayor Purzner or Councilman Owensby, both of whom suggested that if a motion is made and seconded to have a vote be "reduced to writing" the motion needs to be tabled to point out where this requirement is. I have looked, but I cannot find that anywhere in the Overland Ordinances. I did a cursory review of Robert's Rules of Order and did not find it there either, though I do intend to research Robert's further on the issue. However, since you both have been claiming that this somehow causes a vote on anything to be tabled, I would imagine you could direct me to where I can find this requirement for myself? Please, do not take me wrong. I am not suggesting that it does not exist, I am asking my elected officials for information as to where I might find this measure as I have not as yet been able to find it myself. Also, isn't the entire meeting "reduced to writing" in the form of the mandatory minutes? So, where is this "reduce to writing" provision anyway?
Now, one real disgrace at this meeting goes out to every single council member as well as the Mayor. You all received a copy of Overland's Ordinances as well as Robert's Rules of Order when you took office did you not? ( edited to add: I have since learned that they did not, we really should change this) How could it be that none of you have either of these on hand for a council meeting?!?!? A procedural question was raised, and challenged, but the issue could not be resolved because no one had Robert's Rules or the Ordinances on hand. I am sorry, but that is a disgrace and it makes out town look ridiculous. Please, start taking the job a tad more seriously and bring the materials you will likely need to the meetings. You know: pen, paper, Robert's Rules, stress ball, Overland Ordinances, etc. Come on now, this is serious business, not recess.
Another interesting issue that came up was that our Public Works Director, Mr. Chuck Boone was moved to the garage and apparently replaced.
When asked the Mayor stated that it was done as a simple matter of the day to day operations of the city. She stated that Chuck Boone has said his job was too stressful on him and as a result she moved him. Again, sounds reasonable. However, Chuck Boone, who was at the meeting and took issue with this had a hard time addressing it as the Mayor attempted to prevent him from speaking about it saying "this is a personnel matter and cannot be discussed publicly." Well Mayor Purzner, your a bit late on that one. If the Public Works Director actually did have a problem with stress on the job then that would be a medical issue and medical issues are about the most strictly protected items in regards to privacy rights, which you violated by mentioning the medical condition in a public forum. If he did not say this, then you made a false public claim that he had a mental issue on the job. Either you slandered him or you violated his privacy, which is it Mayor? Either way, once again you actions have opened the city to more possible litigation that could be very expensive to the citizens of Overland.
Well, the big issue of the Night was the Budget. There were many heated discussions about this from all those on the Council. Councilman O'Connell complained that the Budget committee made no effort to work with other council members when it came to meetings. Councilman Knode countered by saying that the schedule was available, and that those interested Councilman should adjust their personal schedules as needed to attend. This is not an easy issue. Councilman Knode is correct. The Chair of the Committee sets the schedule and it is up to the members and other interested parties to attend. However, Councilman O'Connell makes a good point that everyone on the City Council works, and are involved in organizations other then the Council which makes their scheduling difficult. Should we invest the time to try to work out the schedule so interested Council people can participate? Of course we should, though it will not always work out as is the case with any organization. However, this is not required, it is merely good practice. Considering the current climate on the council, it is also not likely to be seen in the future, regardless of how right it is.
However, this was a large part of the reason why the Budget, already 10 days overdue at the time of the meeting, did not pass. 4 members of the council felt they were shut out of the process, unable to give input, and now were faced with a budget that does things they cannot support. If the Budget committee had attempted to work with all the council members on meeting schedules, we might have seen the budget pass, we might not have. However, if input had been allowed by the entire council it would have at least had a relatively better chance of passing then it had tonight.
I am not going to go into great detail on the budget because it has no hope of approval by the City Council as it stands and will need some radical changes.
According the Mayor and several on the council all currently construction projects and the like will have to stop until a Budget is passed to pay for them. However, the employees will still be paid.
There was much discussion on the issue from all sides, some of it heated (some of it down right childish), but to no avail. The budget still did not pass. A meeting was agreed upon for following evening to try to hammer out the budget issues and we were told that residents were welcome to attend. When I went to leave for that meeting this evening I was told by several of my neighbors it was canceled. If anyone hears anything about when they will meet to resolve this budget crisis (an if they will allow residents to attend) please let me know. ( edited to add: I have since learned that it was canceled as were so many other meetings lately)
Over all I was highly disappointed with the council and the Mayor in general due to this meeting. However, the Mayor's continuing failure to run the meetings properly (by Robert's Rules of Order as required by the State), and her mis-steps that continue to open up the City of Overland to Lawsuits are simply too much. Mayor Purzner, PLEASE read Robert's Rules, learn the State Requirements, take advantage of our business community and learn a little about employment law. As the Mayor you need to understand the basics of these things or the litigation that will likely follow will render any future budget discussions as moot.
This meeting was very long, though about the only thing it accomplished is what it always seems to accomplish. It made Overland look terrible in the eyes of our neighbors who watch the news. This can really have a negative impact on the city. I mean, if you wanted to start a business, one that was best served by an area with our demographics, after seeing all that has been happening lately would you even consider Overland? Or would you turn your attention to the smaller towns around the area with the same basic costs of operation and the same demographic but no Council Circuses?
Here is a few tastes of what happened early on, Thanks to our local news broadcasts. This is what all are neighbors are seeing and reading about our town:
From Fox 2 KTVI's Website:
HEATED EXCHANGE AT OVERLAND CITY COUNCIL MEETING (JULY 11) - There was more shouting and insults as another Overland city council meeting turned controversial. About three hundred people showed up, mostly to make comments against Mayor Ann Purzner (pictured). At one point, members of the city council were even trading insults. One woman at the meeting said, "I believe you have violated my rights to speak! You truly scare me with your dictator attitude!" Purzner later responded, "I don't even like you, why would I talk about you?" and the woman yelled, "You libeled me! You libeled me!" Residents who did not get a chance to voice their concerns say they will be at the next meeting. Many are part of a newly formed group called, "Citizens of Overland for Good Government."
Link to video of Channel 4 (CBS) Coverage of the meeting Link to video of Channel 5 (NBC) Coverage of the meeting
And I am sure that was not the end of it. Anyone see any other links to stories about this out there?
Lastly, I apologize for the length of this. However, the meeting went over 3 hours long, so there was a lot to cover. As for the editorial content on my part. I am not a reporter, I am citizen and I have opinions. Those with opinions that differ are VERY welcome to reply to this post so we can discuss it. That is what the site is here for.
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That is what I had to say about that meeting. Now it is your turn.