City Manager Tom Aspell released his long-awaited report this week which was supposed to investigate possible wrongdoing relating to an investigation into CCTV by the Rules Committee and former City Councilor Kathy Rogers. Instead, the report pretty much ignored many of the key points of the directive - and ignores Rogers' activity entirely.
The five month investigation was requested by the council in March after the Rules Committee rejected all but one of the complaints brought by Rick Watrous, the former Executive Director of CCTV [now called ConcordTV].
Aspell was directed by the council to look into the following matters:
* Whether or not Rogers violated council rules by chairing the investigation in which she had a personal interest;
* Whether Rogers misinformed the council, concealed, or suppressed evidence, or otherwise misdirected the investigation;
* Whether Rogers withheld evidence concerning her own nonpublic weekend use of the channel's studios;
* Whether Rogers instructed the Concord Police Dept. to investigate Watrous concerning a public document that he submitted to the Rules Committee and whether she violated city charter in this action.
* Whether or not CCTV employees tampered with public or private documents under the investigation by the Rules Committee and whether those employees or board members provided false testimony to the committee;
* Whether CCTV employees provided false information to the police concerning Ballard's employment contract;
* Whether Ballard used her at-large city council position to attain full-time employment at CCTV; and
* Whether the full-time position which Ballard attained - Outreach and Development Director - was ever advertised to the public and if so, how many candidates applied for the position.
Instead, Aspell only looked into whether or not Ballard used her position as an at-large city councilor to get a full-time job at the media access center - a matter tabled by the Rules Committee [and something that should have been taken up by the Rules Committee at a future date].
In the report, Aspell said he looked at all the council's actions pertaining to ConcordTV and "the review of that information reveals no information that would support the charges of any potential 'conflict of interest.'"
According to Aspell, Ballard was named Interim Executive Director in May 2002 by the Personnel Committee which did not have a sitting city councilor as a member of its board. In December 2002, City Solicitor Paul Cavanaugh determined that the city had no authority in the management or operation of CCTV, he wrote. In January 2003, according to Aspell, ITAC, the council's information technology advisory committee recommended that the council not interfere in personnel matters of CCTV and that the council appoint two members to the non-profit's board. Aspell writes that CCTV hired Stephen Budkiewicz as the executive director in May 2003 and that both his hire and the creation of the outreach/development positions were personnel matters. A month later, according to Aspell, Councilors Allen Bennett and Keith Allberg were appointed to the CCTV board.
Aspell states in the report that he talked with both Bennett and Allberg both "unequivocally stated that they did not influence, either directly or indirectly, the Executive Director's creation of a full-time appointment of Ms. Ballard to the position of Outreach/Development Director." Aspell said he had a conversation with Budkiewicz about the matter and he said there was no pressure to either create or staff the position with a particular person.
Aspell then concludes that his work is done: "[There is] no information available to support the charges of 'conflict of interest' or 'political patronage.'"
Watrous, after reading the report, said he was "surprised and disappointed."
"The city manager completely ignored the directive given to him by the city council and only addressed 1 of the 10 issues raised in my letter," he wrote in an email. "According to the March city clerk’s office letter, he was supposed to 'investigate possible wrongdoing relating to an investigation into CCTV by the Rules Committee' ... Five of these issues concerned possible misconduct - including possible misuse of the police - by then councilor Katherine Rogers, in her role as chair of the rules committee. None of these serious issues were addressed."
After looking at the two page decision, Watrous went back into his records and said he found numerous errors with Aspell's finding including wrong dates and conclusions that don't match testimony and documents.
According to Watrous, the full-time outreach position for Ballard was created in September 2003 - months after Bennett and Allberg were appointed to the board. Watrous said he also had a letter from Budkiewicz to city hall stating he was also hired in September, not May.
Watrous reiterated that he was not contacted by Aspell during the five months the city manager took to prepare the investigation and believes he could have been assisted in the investigation.
"I believe the city hall whitewash of possible wrongdoing by councilors continues," he said. "A thorough, objective investigation answering all these questions is needed."
The council is expected to discuss the report on Monday night. Here's hoping that they do the right thing. Or, if Aspell is smart - and we know he is - he will recall this joke of a report and do what he was directed to do: Investigate the matter in a thorough manner.
The five month investigation was requested by the council in March after the Rules Committee rejected all but one of the complaints brought by Rick Watrous, the former Executive Director of CCTV [now called ConcordTV].
Aspell was directed by the council to look into the following matters:
* Whether or not Rogers violated council rules by chairing the investigation in which she had a personal interest;
* Whether Rogers misinformed the council, concealed, or suppressed evidence, or otherwise misdirected the investigation;
* Whether Rogers withheld evidence concerning her own nonpublic weekend use of the channel's studios;
* Whether Rogers instructed the Concord Police Dept. to investigate Watrous concerning a public document that he submitted to the Rules Committee and whether she violated city charter in this action.
* Whether or not CCTV employees tampered with public or private documents under the investigation by the Rules Committee and whether those employees or board members provided false testimony to the committee;
* Whether CCTV employees provided false information to the police concerning Ballard's employment contract;
* Whether Ballard used her at-large city council position to attain full-time employment at CCTV; and
* Whether the full-time position which Ballard attained - Outreach and Development Director - was ever advertised to the public and if so, how many candidates applied for the position.
Instead, Aspell only looked into whether or not Ballard used her position as an at-large city councilor to get a full-time job at the media access center - a matter tabled by the Rules Committee [and something that should have been taken up by the Rules Committee at a future date].
In the report, Aspell said he looked at all the council's actions pertaining to ConcordTV and "the review of that information reveals no information that would support the charges of any potential 'conflict of interest.'"
According to Aspell, Ballard was named Interim Executive Director in May 2002 by the Personnel Committee which did not have a sitting city councilor as a member of its board. In December 2002, City Solicitor Paul Cavanaugh determined that the city had no authority in the management or operation of CCTV, he wrote. In January 2003, according to Aspell, ITAC, the council's information technology advisory committee recommended that the council not interfere in personnel matters of CCTV and that the council appoint two members to the non-profit's board. Aspell writes that CCTV hired Stephen Budkiewicz as the executive director in May 2003 and that both his hire and the creation of the outreach/development positions were personnel matters. A month later, according to Aspell, Councilors Allen Bennett and Keith Allberg were appointed to the CCTV board.
Aspell states in the report that he talked with both Bennett and Allberg both "unequivocally stated that they did not influence, either directly or indirectly, the Executive Director's creation of a full-time appointment of Ms. Ballard to the position of Outreach/Development Director." Aspell said he had a conversation with Budkiewicz about the matter and he said there was no pressure to either create or staff the position with a particular person.
Aspell then concludes that his work is done: "[There is] no information available to support the charges of 'conflict of interest' or 'political patronage.'"
Watrous, after reading the report, said he was "surprised and disappointed."
"The city manager completely ignored the directive given to him by the city council and only addressed 1 of the 10 issues raised in my letter," he wrote in an email. "According to the March city clerk’s office letter, he was supposed to 'investigate possible wrongdoing relating to an investigation into CCTV by the Rules Committee' ... Five of these issues concerned possible misconduct - including possible misuse of the police - by then councilor Katherine Rogers, in her role as chair of the rules committee. None of these serious issues were addressed."
After looking at the two page decision, Watrous went back into his records and said he found numerous errors with Aspell's finding including wrong dates and conclusions that don't match testimony and documents.
According to Watrous, the full-time outreach position for Ballard was created in September 2003 - months after Bennett and Allberg were appointed to the board. Watrous said he also had a letter from Budkiewicz to city hall stating he was also hired in September, not May.
Watrous reiterated that he was not contacted by Aspell during the five months the city manager took to prepare the investigation and believes he could have been assisted in the investigation.
"I believe the city hall whitewash of possible wrongdoing by councilors continues," he said. "A thorough, objective investigation answering all these questions is needed."
The council is expected to discuss the report on Monday night. Here's hoping that they do the right thing. Or, if Aspell is smart - and we know he is - he will recall this joke of a report and do what he was directed to do: Investigate the matter in a thorough manner.
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