1 00:06:18,770 --> 00:06:39,070 Good afternoon, everybody. This is a special meeting for April 9th, 2025, convening at 2.12 p.m., Madam City Clerk, can you please do the roll call? Councilmember Nakanishi? Councilmember Hothi? Councilmember Craig Hensley? Mayor Proto-Mia Pez? Mayor Breggman? Here. 2 00:06:45,620 --> 00:06:53,700 Mr. Mayor, I'd like to introduce the items on the agenda for closed session. The items to be discussed today are item B1. 3 00:06:53,700 --> 00:07:08,360 Public employee performance evaluation regarding one position, city manager pursuant to government code 54957, an item B2, public employee potential discipline, dismissal, release pursuant to government code 54957. 4 00:07:11,060 --> 00:07:12,320 Thank you, Katie. 5 00:07:13,060 --> 00:07:21,400 I do have a point of inquiry because we may have an option to take one item off the agenda. 6 00:07:21,400 --> 00:07:29,720 And so, Mikey, Councilmember Hovey, do we want to go through with taking something off? 7 00:07:30,080 --> 00:07:37,190 Or do you think we want to hear about public comment and then have our close session and run through the agenda? 8 00:07:37,210 --> 00:07:37,550 It is run. 9 00:07:37,990 --> 00:07:39,190 Okay, thank you for your comments. 10 00:07:40,210 --> 00:07:49,390 We will now open this up to the public starting with item B1, public employee performance evaluation and item. 11 00:07:49,810 --> 00:07:50,970 Do we do both of them at the same time? 12 00:07:50,970 --> 00:07:52,030 Thank you. 13 00:07:52,430 --> 00:07:54,630 Do we have the first comment? 14 00:07:55,050 --> 00:07:55,730 Yes, Mayor. 15 00:07:56,050 --> 00:07:58,310 If I may, I do have some. 16 00:07:58,330 --> 00:07:58,430 No. 17 00:07:58,830 --> 00:07:59,710 And I do apologize. 18 00:08:00,030 --> 00:08:04,730 I will be cutting the time amount down because we do have a packed room. 19 00:08:05,830 --> 00:08:08,290 Can you please raise your hand if you plan on speaking today? 20 00:08:14,040 --> 00:08:14,220 Okay. 21 00:08:14,420 --> 00:08:17,420 We're going to do two minutes a piece for each individual today. 22 00:08:18,900 --> 00:08:20,840 And we will start with the first comment card. 23 00:08:21,000 --> 00:08:22,180 Olivia, did you have anything to say? 24 00:08:22,180 --> 00:08:26,520 Yes, public comments will today be limited to five minutes per speaker. 25 00:08:28,340 --> 00:08:32,380 Members of the audience shall not engage in disorderly or boisterous conduct. 26 00:08:32,680 --> 00:08:32,860 Olivia? 27 00:08:33,400 --> 00:08:33,580 Yes. 28 00:08:33,980 --> 00:08:34,660 Two minutes. 29 00:08:35,100 --> 00:08:35,180 Yes. 30 00:08:35,680 --> 00:08:35,820 Okay. 31 00:08:36,100 --> 00:08:36,300 Sorry. 32 00:08:36,580 --> 00:08:38,500 Did I say point of inquiry? 33 00:08:38,640 --> 00:08:38,840 Thank you. 34 00:08:38,960 --> 00:08:39,620 My apologies. 35 00:08:40,140 --> 00:08:43,300 Public comment today will be limited to two minutes per speaker. 36 00:08:44,500 --> 00:08:49,780 Members of the audience shall not engage in disorderly or boisterous conduct and refrain 37 00:08:49,780 --> 00:08:52,580 from using abusive, derogatory, or slanderous language. 38 00:08:54,420 --> 00:09:00,540 If a speaker has written materials, please bring them to me, and I will forward them 39 00:09:00,540 --> 00:09:10,170 on to the City Council, and I will just know, because I didn't know this earlier, public 40 00:09:10,170 --> 00:09:16,050 comment tonight is, or today, is only on the items that are on the agenda, so there's non-agenda 41 00:09:16,050 --> 00:09:16,930 public comment. 42 00:09:17,350 --> 00:09:18,910 I just want to make that clear. 43 00:09:19,610 --> 00:09:19,870 Thank you. 44 00:09:21,900 --> 00:09:22,600 Yes, sir. 45 00:09:23,360 --> 00:09:26,060 Speaking to the rise of 10 on the phone, sit. 46 00:09:26,460 --> 00:09:26,620 About. 47 00:09:27,800 --> 00:09:28,760 Please leave us. 48 00:09:29,100 --> 00:09:29,540 Is that right? 49 00:09:31,440 --> 00:09:33,240 Secretary, I bring the issue to you. 50 00:09:35,950 --> 00:09:36,430 Yeah. 51 00:09:36,790 --> 00:09:42,210 Typically, we do do a flag salute and a prayer for regular meetings. 52 00:09:43,170 --> 00:09:46,370 Unfortunately, we don't typically do it for special meetings. 53 00:09:47,070 --> 00:09:51,190 And I believe that we're actually past the time now that the meeting has been open to do so. 54 00:09:51,190 --> 00:09:56,370 So, but this is the regular function of the city's function for, I believe, a couple 55 00:09:56,370 --> 00:09:56,670 decades. 56 00:09:58,290 --> 00:10:03,510 So, due to the number of public commenters, I'm going to call three at a time, so please 57 00:10:03,510 --> 00:10:04,230 be prepared. 58 00:10:04,790 --> 00:10:10,610 The first public comment card I have is from Ron Heberley, and then Mark Chandler, and then 59 00:10:10,610 --> 00:10:12,690 the third one is Catherine Corradi. 60 00:10:27,280 --> 00:10:27,780 Good afternoon. 61 00:10:28,000 --> 00:10:31,500 My comments are in regard to the April 1st City Council meeting. 62 00:10:31,500 --> 00:10:39,600 meeting. One of the things from that meeting was the alleged misuse of public funds. 63 00:10:40,360 --> 00:10:48,020 And I want to let everybody know that I support looking into that. That is necessary, absolutely. 64 00:10:48,560 --> 00:10:52,140 Matter of fact, City Council members have said, yeah, we're going to look into it. It has 65 00:10:52,140 --> 00:10:58,820 to be done to maintain trust. But that's not the main reason what I want to talk about. 66 00:10:58,820 --> 00:11:08,840 I want to talk about the actions and the comments from the city manager during that meeting. 67 00:11:09,940 --> 00:11:13,360 Number one, non-agent items were brought up. 68 00:11:13,600 --> 00:11:17,100 That is a violation of the Brown Act, the open meetings law. 69 00:11:18,180 --> 00:11:28,280 Number two, he purposely divulged public employee evaluation. 70 00:11:28,280 --> 00:11:33,640 in investigations, discipline, which is against the law. 71 00:11:34,620 --> 00:11:40,560 Also, number three, he accused city employees in open session 72 00:11:41,280 --> 00:11:46,940 before it went to closed session, and that is absolutely inappropriate. 73 00:11:48,020 --> 00:11:52,060 So, those are why I'm here. 74 00:11:52,300 --> 00:11:57,240 I wanted to make sure people know that that is the crux of what I want to talk about. 75 00:11:57,240 --> 00:12:06,160 It is not the misuse of money allegedly and absolutely that has to be investigated, but there is an immediate 76 00:12:06,160 --> 00:12:10,580 issue and that issue is those three items that I talked about. 77 00:12:11,080 --> 00:12:17,360 Brown Act, employee discipline comments in public, which we don't do. 78 00:12:18,200 --> 00:12:22,840 And also accusing other employees in public. 79 00:12:24,440 --> 00:12:27,140 So that's kind of how I see where we are. 80 00:12:27,760 --> 00:12:28,600 What do we do? 81 00:12:29,140 --> 00:12:29,500 If you can. 82 00:12:33,140 --> 00:12:34,300 Thank you, Mr. Heberley. 83 00:12:34,460 --> 00:12:34,960 You're welcome. 84 00:12:35,020 --> 00:12:35,320 Thank you. 85 00:12:36,140 --> 00:12:38,100 And next upon coming. 86 00:12:43,230 --> 00:12:45,570 Good afternoon, Mr. Mayor and City Council. 87 00:12:45,770 --> 00:12:52,490 I mark Chandler, former Council Member and Mayor, and quite concerned about the issues that 88 00:12:52,490 --> 00:12:57,590 stand before us today, and quite concerned that a rash action might be taken that would 89 00:12:57,590 --> 00:13:00,030 to be to the detriment of our wonderful city of Lodi. 90 00:13:02,050 --> 00:13:04,250 Often changes difficult and challenging, 91 00:13:04,650 --> 00:13:06,170 but sometimes it's a creative force. 92 00:13:06,930 --> 00:13:08,330 And I want to complement the council 93 00:13:08,330 --> 00:13:10,930 and the city manager for the action 94 00:13:10,930 --> 00:13:14,170 that was taken last week to do some of the hiring 95 00:13:14,170 --> 00:13:16,590 to alleviate some of the concerns 96 00:13:16,590 --> 00:13:18,790 that have been longstanding in this town. 97 00:13:18,970 --> 00:13:21,750 So it shows that while we may have disagreements, 98 00:13:21,890 --> 00:13:23,210 we can learn how to work together. 99 00:13:23,370 --> 00:13:24,590 So it complements you on that. 100 00:13:24,590 --> 00:13:32,550 That Mr. Hebbley, I might challenge your assumptions about the appropriateness of the city manager's comments. 101 00:13:33,290 --> 00:13:40,370 There's a lot of deep city law and brown act that I'm not even sure there was an infraction. 102 00:13:41,050 --> 00:13:45,550 And I'm in possession of a memo from Mr. Jones who sent this. 103 00:13:45,590 --> 00:13:51,230 I think the city clerk would have this at outlines and great depth, the role between the city manager and 104 00:13:51,230 --> 00:13:59,110 city attorney and how the city attorney, city manager was practically forced into a whistle-blower role 105 00:13:59,110 --> 00:14:04,450 because he was being gavilled down by the mayor on items that need to be brought before the public. 106 00:14:05,550 --> 00:14:12,650 In my own personal experience, I'd like to express that organizational management is difficult, change is difficult, 107 00:14:13,090 --> 00:14:18,030 but fundamentally the organization comes first. It's not about your personality, my personality. 108 00:14:18,030 --> 00:14:26,550 It's about the organization and its mission and in this case, it is the city of Lodi and our mission to serve the citizens in the best possible way we can. 109 00:14:27,090 --> 00:14:35,630 We may have disagreements. We may not like the city manager, but that doesn't mean we can't work in conjunction to do the best thing we can for our citizens. 110 00:14:37,650 --> 00:14:44,270 Recently, I participated in a meeting with Council Member Hothi. I was joined by Nick Jones, a Ford construction. 111 00:14:44,270 --> 00:14:44,430 action. 112 00:14:48,860 --> 00:14:51,060 Thank you, Mr. Chandler. 113 00:14:58,900 --> 00:14:59,900 Mr. Chandler. 114 00:15:00,000 --> 00:15:07,020 Actually, I'm going to try to change one thing really quick, Mr. Chandler. I have a question, Madam City Clerk, I'm going to try to increase it to three because this. 115 00:15:09,420 --> 00:15:30,920 Okay, give me one moment if you would, Mr. Chandler. What is the possibility to actually change it to three minutes and have Mr. Heavardly have one more minute, and we'll move on from there. Is that possible? That way everybody has gotten. That's fine as long as everyone gets the same amount of time. I don't know if Mr. Heavardly would want to come back up. Okay, we're going to go with that option. I think we'll have enough time. 116 00:15:30,920 --> 00:15:32,720 I'm trying to be respectful of others in their opinion. 117 00:15:34,020 --> 00:15:38,520 Put Mark on for one more minute, and then we're going to invite Mr. Heberley back up and move on from there. 118 00:15:38,980 --> 00:15:39,320 Thank you. 119 00:15:40,020 --> 00:15:40,940 Thank you, Mr. Mayor. 120 00:15:41,180 --> 00:15:48,160 Another minute, I just want to have a closing statement here, and that is that for those of you that are advocating for 121 00:15:48,160 --> 00:15:55,480 the removal of the city manager, I can say that the satisfaction of your retribution is too high a price for the citizens of 122 00:15:55,480 --> 00:15:59,860 Lodite, who have to pay people who you were elected to represent. 123 00:16:00,080 --> 00:16:00,720 Thank you very much. 124 00:16:01,380 --> 00:16:02,260 Thank you, Mr. Chandler. 125 00:16:02,600 --> 00:16:04,260 Mr. Heberley, would you like another minute? 126 00:16:05,320 --> 00:16:07,940 All right, sorry, Mr. Catherine. 127 00:16:15,680 --> 00:16:16,560 Thank you for that. 128 00:16:18,260 --> 00:16:23,200 In conclusion, what do you do if you have someone that works for the city? 129 00:16:23,280 --> 00:16:28,300 You have an employee that you can't trust to divulge confidential information? 130 00:16:28,300 --> 00:16:35,580 What do you do if you can't trust an individual that's working for the city to not single 131 00:16:35,580 --> 00:16:37,060 people out in public? 132 00:16:38,100 --> 00:16:43,280 So it all gets wrapped up into a very difficult situation. 133 00:16:43,960 --> 00:16:46,220 The question is, is where do you go from here? 134 00:16:47,100 --> 00:16:51,040 And sometimes when a bridge gets burned, it gets burned. 135 00:16:52,020 --> 00:17:01,460 So I think for the betterment of the city that you should make a very difficult decision and replace the city manager. 136 00:17:01,860 --> 00:17:02,120 Thank you. 137 00:17:02,740 --> 00:17:03,940 Thank you, Mr. Heberley. 138 00:17:07,600 --> 00:17:15,080 I'm Catherine Karate and I'd like to thank Mayor Breggman and the esteemed council members for allowing me to speak my thoughts. 139 00:17:15,080 --> 00:17:22,460 I'm here today to address the situation that I read about on social media regarding Scott 140 00:17:22,460 --> 00:17:29,280 Carney, the city manager and the alleged accusations he brought before the city council at a recent 141 00:17:29,280 --> 00:17:36,500 meeting, that what I read on social media accusing our mayor and city council members of fraud, 142 00:17:37,060 --> 00:17:44,160 mismanagement of taxpayer funds, and other accusations, and calling for them to remove themselves, 143 00:17:44,160 --> 00:17:47,000 It just didn't sit quite right with me. 144 00:17:47,960 --> 00:17:53,840 Anyway, the way I see this is when a person on social media posts these accusations, 145 00:17:54,360 --> 00:17:57,140 he must have received it from an internal source. 146 00:17:57,740 --> 00:18:04,960 The way I see it, Mr. Carney, or some undirected by Mr. Carney, which is the way this load-eye taxpayer sees it. 147 00:18:05,240 --> 00:18:09,960 If anyone's going to make these alleged accusations, they better have proof and documentation 148 00:18:09,960 --> 00:18:16,180 of such alleged accusations, and thus far I have seen no evidence of such. 149 00:18:16,880 --> 00:18:19,160 This brings me to the importance of communication. 150 00:18:19,980 --> 00:18:25,540 It appears to this taxpayer that the meeting that instigated this embarrassing situation 151 00:18:25,540 --> 00:18:31,540 was due to lack of communication on Mr. Carney's part because of the protocol he failed to follow 152 00:18:31,540 --> 00:18:32,940 at the City Council meeting. 153 00:18:34,000 --> 00:18:38,580 This should have never gotten to this point and should have been directly discussed amongst 154 00:18:38,580 --> 00:18:45,480 our elected officials which Mr. Carney had an obligation to do. Mr. Carney elected officials 155 00:18:45,480 --> 00:18:51,020 and employees of the city of Lodi must always protect our wonderful town and know this 156 00:18:51,020 --> 00:18:57,280 type of hit job on our mayor and city council is unacceptable on many levels. However, 157 00:18:58,380 --> 00:19:04,280 these accusations hold, if these accusations hold some merit it's the duty of our elected officials 158 00:19:04,280 --> 00:19:15,120 to perform a forensic audit, to prove to the taxpayers that any and all questions regarding these accusations have been cleared and are presented to the tax-paying citizens of Lodi. 159 00:19:16,300 --> 00:19:18,260 Thank you for allowing me to speak. 160 00:19:18,780 --> 00:19:19,840 Thank you, Mrs. Grun. 161 00:19:22,900 --> 00:19:29,140 The next three comment cards I have are from Jeff Kirst, Kenneth Wheeler, and Annette McKay. 162 00:19:42,820 --> 00:19:47,280 Mr. Mayor, members of the council, I'm Jeffrey Kirst, 1930 TN to drive Lodi. 163 00:19:48,500 --> 00:19:49,940 My comments are going to be brief. 164 00:19:50,300 --> 00:19:56,980 I want to echo Councilman Chandler's comments, and the only other thing to add was that 165 00:19:56,980 --> 00:20:01,420 a lot of money was spent in searching for a new city manager, and that would have to 166 00:20:01,420 --> 00:20:03,780 be done again if he was immediately just tossed away. 167 00:20:03,880 --> 00:20:07,600 I think that maybe it should be reviewed and discussed a little further, a little bit of time 168 00:20:07,600 --> 00:20:11,860 should go by before an action that's going to cost the citizens again. 169 00:20:12,520 --> 00:20:13,060 That's all I have. 170 00:20:13,360 --> 00:20:13,580 Thank you. 171 00:20:13,580 --> 00:20:14,520 Hi 172 00:20:19,440 --> 00:20:24,800 there. I'm Annette McCay. I'm a citizen of Lodi. I kind of am appalled that some members 173 00:20:24,800 --> 00:20:30,020 of council are considering disciplining or firing somebody for revealing financial issues 174 00:20:30,020 --> 00:20:35,760 in misconduct and for discussing staff obstructions to the related financial audits and investigations. 175 00:20:36,520 --> 00:20:40,240 The financial audit has brought to light some practices that are not in keeping with the 176 00:20:40,240 --> 00:20:44,740 city's mandate to manage the business of the city on behalf of these people who are 177 00:20:44,740 --> 00:20:50,520 citizens. I expect you to put your personal agenda aside and to consider the needs of the city. 178 00:20:50,980 --> 00:20:55,360 We should be grateful to Scott Carney for the work he has done and for his willingness to see this 179 00:20:55,360 --> 00:21:00,980 through. That can't be easy. What has been revealed seems kind of ugly, but I think fiery and 180 00:21:00,980 --> 00:21:05,540 Scott will be even uglier. Thank you for providing our citizens a moment to speak. 181 00:21:06,340 --> 00:21:07,280 Thank you for your comments. 182 00:21:10,840 --> 00:21:11,860 My name is Kenneth Wheeler. 183 00:21:11,860 --> 00:21:17,580 I think the man deserves a medal for what he's done. 184 00:21:18,100 --> 00:21:36,560 There are laws put in place protecting him, according to other laws that have been stated by others have been put in place and are kind of illegitimate because they go against our constitution itself, which can't be subverted by any means and should be honored. 185 00:21:36,560 --> 00:21:45,080 So I myself have endured a lot among this council in the past. 186 00:21:46,700 --> 00:21:50,920 Not necessarily the present, but I want to commend you for some of the good things that 187 00:21:50,920 --> 00:21:58,700 you have done and especially Scott for coming out, you know, the man's first amendment 188 00:21:58,700 --> 00:22:03,100 right is the first amendment rights bringing to light what we've all known was going on 189 00:22:03,100 --> 00:22:09,960 behind closed doors is the biggest thing because everything's been suppressed continually between 190 00:22:09,960 --> 00:22:16,740 the city and the school. Things are suppressed and this man has his rights as well, a disciplinary 191 00:22:16,740 --> 00:22:23,200 action I could understand if there was something done in that regard termination would be utterly 192 00:22:23,200 --> 00:22:32,840 disgusting from my perspective in honoring what he should be doing in managing the funds that were 193 00:22:32,840 --> 00:22:41,160 obviously there was a problem. So I'd also like to point out that there were many 194 00:22:41,160 --> 00:22:48,160 others that were here before that aren't here and I think they're avoiding what 195 00:22:48,160 --> 00:22:52,320 we're living with today and now and not just give them another position 196 00:22:52,320 --> 00:23:00,140 somewhere else. So I've endured quite a bit from a member at this city council 197 00:23:00,140 --> 00:23:06,700 But nonetheless, let's get back to the same point, another point that I'd like to make in this 198 00:23:06,700 --> 00:23:13,760 set situation we've got a minute. So we elected you folks as council members, everyone again. 199 00:23:14,500 --> 00:23:21,980 We didn't elect you as mayor, we didn't elect the city manager, but there are a lot of things that 200 00:23:21,980 --> 00:23:29,560 California has changed in the state that is so illegitimate in taking the vote from the people as 201 00:23:29,560 --> 00:23:36,840 well as being able to be heard and giving a time limit on that when the meeting was scheduled 202 00:23:36,840 --> 00:23:43,280 at 2 and then start till 2 12. So nonetheless, there's time loss there and now you want 203 00:23:43,280 --> 00:23:48,280 to shrink our time down. But nonetheless, Scott, I personally would like to thank you for 204 00:23:48,280 --> 00:23:56,640 what you've done. I think you're a man of honor and it takes a set of balls to do it. And 205 00:23:56,640 --> 00:24:01,520 And it's about time somebody has somewhere around here and not covering it up is the biggest 206 00:24:01,520 --> 00:24:03,660 problem that we have amongst you. 207 00:24:04,300 --> 00:24:08,220 And this has been going on a long time, a long time. 208 00:24:08,780 --> 00:24:10,420 And I'm going to be testifying to that case. 209 00:24:11,140 --> 00:24:12,080 Thank you much for your time. 210 00:24:12,520 --> 00:24:13,880 And thank you, sir. 211 00:24:14,240 --> 00:24:15,560 Thank you, sir, for your comments. 212 00:24:17,990 --> 00:24:23,510 The next three comment cards I have are from Kelly Olds, John Slotterback, and Bob Colorossi. 213 00:24:23,510 --> 00:24:24,470 Thank 214 00:24:44,080 --> 00:24:49,040 you for your time giving us time to speak to this issue. 215 00:24:49,780 --> 00:24:52,680 My name is Kelly Olds and I am a Lord I resident. 216 00:24:53,780 --> 00:25:00,600 I want to remind you that I sent emails to each one of you last night supporting Scott. 217 00:25:01,880 --> 00:25:06,600 And the reason I did that is that I have a lot of experience in human resources. 218 00:25:06,600 --> 00:25:17,600 I spent more than 30 years of my career in human resources in both public and private human resource management, senior level positions. 219 00:25:18,700 --> 00:25:24,920 And what I've read about, I wasn't here, what I've read about, and what I've heard from others who were here. 220 00:25:24,920 --> 00:25:33,460 what happened? It doesn't rise to the level of determination. Perhaps some counseling, 221 00:25:33,460 --> 00:25:40,800 but nothing rises to the level of determination. Scott is to be commended for bringing to your 222 00:25:40,800 --> 00:25:50,760 attention some things that should be investigated. They must be investigated. And if you take the 223 00:25:50,760 --> 00:25:59,320 action of termination, you're doing the wrong thing. I do support Scott, and I do support 224 00:25:59,320 --> 00:26:04,560 the council, but you have to have to back away from this. Thank you. 225 00:26:10,740 --> 00:26:16,980 John's letter back. It's proven that we have a problem in Loda. 226 00:26:19,840 --> 00:26:22,360 Scott, I appreciate what 227 00:26:22,360 --> 00:26:24,280 that you did bring in this forward. 228 00:26:25,140 --> 00:26:26,400 Trying to keep something secret, 229 00:26:26,560 --> 00:26:29,520 the secret just isn't right in my book. 230 00:26:30,380 --> 00:26:32,520 And that seems like what people were trying to do, 231 00:26:32,740 --> 00:26:33,420 keep this secret. 232 00:26:35,420 --> 00:26:38,500 Just one problem alone, 233 00:26:39,160 --> 00:26:42,880 these credit cards spend in thousands of dollars 234 00:26:42,880 --> 00:26:49,460 and not making changes is something you shouldn't happen. 235 00:26:57,620 --> 00:27:05,220 the, actually, if things go wrong here today, different than what it should. I will 236 00:27:05,220 --> 00:27:14,420 file a complaint with a Sam Joaquin grand jury, and I'll contact the Attorney 237 00:27:14,420 --> 00:27:21,620 General on file a complaint. I don't like what's going on here. I like what Mr. 238 00:27:21,620 --> 00:27:26,480 Carter Carney is trying to do, and he needs to stay in office and do his job. 239 00:27:27,000 --> 00:27:36,860 He knew when he tackled this that he was going to have employees come forward against him. 240 00:27:39,620 --> 00:27:43,000 And I got given credit for having nerve to do what he did. 241 00:27:44,260 --> 00:27:49,340 very few people would have went through what he's what he's going to go through yet. 242 00:27:52,720 --> 00:27:58,120 And if he isn't treated right, like I said, I'm going to follow some complaints with 243 00:27:58,120 --> 00:28:02,400 the Attorney General and the Samarquean County Grand Jury. 244 00:28:04,860 --> 00:28:08,960 There's just too much already that I've seen it isn't right. 245 00:28:08,960 --> 00:28:13,180 right? You may be some things I don't know, just like Mr. 246 00:28:13,380 --> 00:28:18,040 Cardi, some may not like the way he brought this out. But, you 247 00:28:18,040 --> 00:28:19,960 know, if you're trying to get something done and you're not 248 00:28:19,960 --> 00:28:25,040 getting results, you get aggravated and you let it go. So I 249 00:28:25,040 --> 00:28:29,360 don't blame him for necessarily coming forward like he did. 250 00:28:29,640 --> 00:28:33,160 He tried to get something done, it sounds like, and he wasn't 251 00:28:33,160 --> 00:28:37,320 getting anywhere. And that will frustrate you. 252 00:28:41,600 --> 00:28:42,380 Thank you. 253 00:28:48,780 --> 00:28:53,720 Good afternoon, and thank you for the opportunity to address the mayor and the city council. 254 00:28:54,680 --> 00:29:00,140 My name is Bob Colorossi, and I've been a very involved local citizen with years of experience 255 00:29:00,140 --> 00:29:07,280 outside of low dying areas, both in the public and the private sector. For the past 16 years 256 00:29:07,280 --> 00:29:11,280 I've been a small local businessman owner in Lodai with my wife. 257 00:29:12,440 --> 00:29:17,360 I'm also a board member of the Hutchins Street Square Foundation and a former member and 258 00:29:17,360 --> 00:29:20,640 chairperson of the Lodai District Chamber of Commerce. 259 00:29:22,000 --> 00:29:27,780 Ten months ago, I was approached and asked to volunteer my time by a member of the city council 260 00:29:27,780 --> 00:29:33,160 to participate in the search process for a new city manager. 261 00:29:33,160 --> 00:29:37,120 I was honored and thrilled to be part of it. 262 00:29:38,100 --> 00:29:42,220 Throughout the interview process, we asked all of the candidates many questions about 263 00:29:42,220 --> 00:29:48,240 their backgrounds, which were quite varied, as well as their philosophies and their 264 00:29:48,240 --> 00:29:55,340 willingness to implement change underline as needed to improve the city and its services. 265 00:29:55,340 --> 00:29:59,860 Are committee reached to consensus and 266 00:30:00,000 --> 00:30:12,000 Proposed, Scott, to the city council because of his openness, his willingness to be part of the community here and his commitment to look at everything. And based on that he was hired. 267 00:30:14,440 --> 00:30:23,980 This is not to say that there were problems or improprieties in any way, shape or form, but as someone that's led many different organizations in pretty large scale. 268 00:30:27,860 --> 00:30:33,600 All organizations and businesses should always question if there is a better and more efficient. 269 00:30:33,600 --> 00:30:39,920 way to conduct business. That's normal. In the private business world we do it every, we do it 270 00:30:39,920 --> 00:30:46,680 every day when we wake up. So, when areas are found that would be well-served by changing or 271 00:30:46,680 --> 00:30:53,840 revamping, there is almost always pushback at some level. Inately, people do not like change, 272 00:30:54,160 --> 00:30:59,160 particularly when it affects them personally, both professionally and personally, and that's that's 273 00:30:59,160 --> 00:31:06,700 just normal. So I'm not here to comment on the swirling rumors. To me, the facts should 274 00:31:06,700 --> 00:31:13,900 carry the day, not personal opinion in UNDO. My dad told me something when I was quite 275 00:31:13,900 --> 00:31:20,340 young that served me well in both public and private life. And he said to me, son, the 276 00:31:20,340 --> 00:31:26,820 truth is usually somewhere in the middle. I'm here today to encourage a city council 277 00:31:26,820 --> 00:31:27,620 to find the middle. 278 00:31:28,800 --> 00:31:30,780 Continue the audit of business operations. 279 00:31:31,500 --> 00:31:33,080 Please do your due diligence. 280 00:31:33,660 --> 00:31:36,220 Gather all of the facts and all of the information 281 00:31:36,220 --> 00:31:38,780 and then make a decision that is unbiased 282 00:31:38,780 --> 00:31:42,400 and in the best interest of the city of Loda in its citizens. 283 00:31:42,880 --> 00:31:43,420 Thank you. 284 00:31:46,170 --> 00:31:47,710 Thank you for your comments. 285 00:31:48,610 --> 00:31:50,870 The next three comment cards I have are from 286 00:31:50,870 --> 00:31:54,670 Chris Pedesto, Ryan Randtold and Denise Wyman. 287 00:31:59,600 --> 00:32:01,520 Good afternoon, Mayor and Council members. 288 00:32:01,520 --> 00:32:07,500 members. My name is Chris Podesto. I'm not normally that active in the city council and 289 00:32:07,500 --> 00:32:12,840 I do not know Scott. I've never met Scott. I was somewhat shocked last week and concerned 290 00:32:12,840 --> 00:32:20,040 when I read the articles and what transpired during the meeting. I'm not here to get into 291 00:32:20,040 --> 00:32:24,260 the behind the scene politics, but I look today. I was just looking at some general things 292 00:32:24,980 --> 00:32:31,800 on city managers. I looked up some public employment, your public employment contract. 293 00:32:32,040 --> 00:32:36,940 The city managers duties are to implement and enforce city policies, rules and regulations. 294 00:32:37,520 --> 00:32:44,560 Both HR and finance policies. As I was doing this, I found out the city doesn't even really have a HR director or 295 00:32:44,560 --> 00:32:50,120 a head HR person. That's somewhat shocked me. We're running a big business. I can't imagine running my business without HR. 296 00:32:51,480 --> 00:32:53,200 That was one thing. 297 00:32:53,820 --> 00:33:08,760 Next, per the city ordinance, provide advice as to finances and keep the city council at all times advised as to the financial conditions and the needs of the city, and at least quarterly submit a financial report. 298 00:33:09,660 --> 00:33:15,140 Secondly, make investigations into the affairs of the city, or any department, or division, 299 00:33:15,140 --> 00:33:23,800 and therefore, or any contracts or the proper performance of any obligation running to 300 00:33:23,800 --> 00:33:29,340 the city, investigate all complaints in relation to all matters concerning the administration 301 00:33:29,340 --> 00:33:30,700 of the government of the city. 302 00:33:32,900 --> 00:33:36,200 Again, I don't know the back door politics and what's going on. 303 00:33:37,200 --> 00:33:43,040 To terminate Scott, as a citizen looks like something 304 00:33:45,090 --> 00:33:46,930 was exposed and now it's being covered 305 00:33:46,930 --> 00:33:53,270 up and again I don't know the backdoor politics just as a guy on the street to do that now I think would be 306 00:33:53,930 --> 00:34:01,530 wrong and has a appearance of impropriety that just would not look good optically speaking the other 307 00:34:01,530 --> 00:34:06,990 thing is I want to hear I want to not I want to hear Scott was right I want to hear if these things 308 00:34:06,990 --> 00:34:12,150 exist if he's gone somebody else is going to come in there and it may look like a bait and switch I 309 00:34:12,150 --> 00:34:17,990 want to see this thing play out and understand if in fact she's right and there are issues and then 310 00:34:17,990 --> 00:34:21,050 I'm sure you guys will be happy to address them. Thank you. 311 00:34:30,180 --> 00:34:32,200 Good afternoon mayor and council members. 312 00:34:32,660 --> 00:34:38,180 My name is Ryan Ranchado of American Hospitality Services. Over the past decade our team has worked 313 00:34:38,180 --> 00:34:44,140 to build momentum in Lodi. We focused on long-term efforts doubling down on sports tourism, 314 00:34:44,660 --> 00:34:49,420 partnering with national organizations to invest within the community and developing hotel 315 00:34:49,420 --> 00:34:54,580 anchors that generate significant TOT tax revenue to support the city's general fund. 316 00:34:54,960 --> 00:34:59,820 We are proud to be a part of the next generation working to leave Lodi better than when we 317 00:34:59,820 --> 00:35:00,260 found it. 318 00:35:01,480 --> 00:35:06,140 As outlined in the Council's strategic vision work plan, it's clear we share the same goals. 319 00:35:06,780 --> 00:35:12,120 A vibrant downtown, while maintained parks and enhanced infrastructure, and a focused 320 00:35:12,120 --> 00:35:18,120 approach to economic development, housing, and fiscal health that is sure to position Lodi 321 00:35:18,120 --> 00:35:22,580 for long-term growth and success, but that momentum is fragile. 322 00:35:23,280 --> 00:35:28,660 When there is instability at the highest levels of city leadership, optimism begins to 323 00:35:28,660 --> 00:35:28,920 waver. 324 00:35:29,680 --> 00:35:34,960 We want to continue to support Lodi's future, but that requires trust, transparency, and 325 00:35:34,960 --> 00:35:35,520 good governance. 326 00:35:36,280 --> 00:35:41,660 Our development group has invested significant capital into Lodi despite experiencing challenges 327 00:35:41,660 --> 00:35:42,640 over the past decade. 328 00:35:42,640 --> 00:35:47,440 The laid response times and inconsistent code interpretation often posed 329 00:35:47,440 --> 00:35:52,940 challenge to projects of all sizes. Over the last ten months however we seen 330 00:35:52,940 --> 00:35:58,200 a meaningful shift, improved collaboration, responsive communication, and a 331 00:35:58,200 --> 00:36:02,520 renewed sense of alignment across city departments. That shift has 332 00:36:02,520 --> 00:36:07,600 reignited our desire to bring more opportunity to Lodi. The current volatility puts 333 00:36:07,600 --> 00:36:12,480 all progress at risk. It is caused for serious concern not only for our team 334 00:36:12,480 --> 00:36:14,980 but for others working to support the city's growth. 335 00:36:15,740 --> 00:36:20,000 We hope the council will listen to the voices of residents, taxpayers, and business leaders 336 00:36:20,000 --> 00:36:23,400 as you determine the path forward for the leadership of this great city. 337 00:36:23,840 --> 00:36:24,060 Thank you. 338 00:36:29,500 --> 00:36:34,040 Hi, I'm Denise Wyman, I'm a resident here and a retired employee. 339 00:36:35,200 --> 00:36:39,560 And we all know that doing the right thing is usually the hardest thing to do. 340 00:36:41,020 --> 00:36:42,600 There's a whole lot more to this story. 341 00:36:43,160 --> 00:36:46,360 There's a whole lot more in the background than a lot of people don't know, obviously. 342 00:36:46,900 --> 00:36:55,540 I personally feel like this was political stunt, if you will, in order to do things because there is a whole lot more going on. 343 00:36:57,400 --> 00:37:05,640 I know that Mr. Carney does back the businesses and developments in that he has their community support, but that doesn't. 344 00:37:05,640 --> 00:37:30,980 And we need a city manager, there's a whole lot more to being a city manager, so I'm trying to say it is we need somebody who can work with our businesses and our development as well as somebody who wants to do what's best for our residents and their employee staff obviously being a retired employee, I do go that way we have a great deal of employees who love and care for this city and work very hard for this city. 345 00:37:31,660 --> 00:37:38,800 What was said, every single one of them took it very, very personal because they do work very hard for this city. 346 00:37:39,640 --> 00:37:49,080 And it is funny because he talks about transparency, yet this gentleman has hired friends not going through the public process like you're supposed to. 347 00:37:49,460 --> 00:38:00,560 He's hired them as part-timer so that it doesn't have to go out for everybody else to be recruited, which means that if that position was really needed, somebody here in load, I would have probably liked to have had that position. 348 00:38:00,560 --> 00:38:02,160 supporting your own residents. 349 00:38:03,600 --> 00:38:07,000 It was also even done with his interim finance director. 350 00:38:07,420 --> 00:38:12,360 He hired him just as an interim didn't have to go through the public process once again, 351 00:38:12,540 --> 00:38:17,560 wouldn't one of your residents would have liked to have had that opportunity to work within your city. 352 00:38:24,650 --> 00:38:26,850 He had a place to bring that up with you. 353 00:38:27,190 --> 00:38:31,210 He could have talked to you about his employee in close session, 354 00:38:31,650 --> 00:38:35,090 which is where as an employer you should do for your employee. 355 00:38:35,650 --> 00:38:40,010 How would you like each one of you like it if your employer took you in front of your whole 356 00:38:40,530 --> 00:38:47,750 Business you're all of the people that you work with and throw you and just tell them that you have been in subordinate if it was true or not 357 00:38:47,750 --> 00:38:54,750 He had a place to do it in closed session with you and I absolutely believe in you as a city council that if the allegations 358 00:38:54,750 --> 00:39:00,630 He made were true. You would have them looked at as you probably will at this point to see if it really is true 359 00:39:03,080 --> 00:39:05,240 He's brought presentations before you and 360 00:39:05,240 --> 00:39:12,300 And actually told by directors and managers that they were not even discussed even though it was about their department. 361 00:39:12,780 --> 00:39:18,880 So it makes me wonder were those presentations true and correct then if he didn't talk to everybody that was involved. 362 00:39:20,660 --> 00:39:23,020 I think the biggest issue here is trust. 363 00:39:23,960 --> 00:39:25,300 Can we trust it all? 364 00:39:25,880 --> 00:39:28,000 Can we trust him now as we move forward? 365 00:39:28,140 --> 00:39:29,560 Can your employees trust him? 366 00:39:29,700 --> 00:39:33,360 If they have an issue, he has- 367 00:39:33,360 --> 00:39:34,640 Thank you, Denise, for your comments. 368 00:39:36,950 --> 00:39:43,190 The last three comment cards I have are from Jim Hicks, Carol Jones, and J.P. DuSette. 369 00:39:56,060 --> 00:39:58,040 Any other individuals do you want to speak today? 370 00:39:58,220 --> 00:40:04,480 It would make it a more expedient process to fill out a comment card in the back and give it to a city clerk at the front. 371 00:40:07,720 --> 00:40:09,820 Good afternoon, City Council. 372 00:40:10,780 --> 00:40:11,760 My name is Jim Hicks. 373 00:40:12,000 --> 00:40:13,580 I've lived in Lodai for a long time. 374 00:40:13,580 --> 00:40:17,500 My wife grew up here, and we cherish this little city. 375 00:40:19,080 --> 00:40:24,360 And this issue before is there's a couple of a lot of moving parts, a lot of which we 376 00:40:24,360 --> 00:40:26,020 as citizens probably don't even know. 377 00:40:26,660 --> 00:40:32,300 But I don't know Mr. Carney, but my understanding as he did not it, and it was probably approved 378 00:40:32,300 --> 00:40:33,740 by the City Council to do that. 379 00:40:35,320 --> 00:40:40,420 Now all these other things that may have gone wrong, those could be like was mentioned. 380 00:40:40,580 --> 00:40:45,220 Those could be disciplined, disciplinary things that he needs to be disciplined on. 381 00:40:45,380 --> 00:40:45,760 I don't know. 382 00:40:45,760 --> 00:40:50,460 No, I don't know those issues, but I'm sure each of you can do your attorneys and get 383 00:40:50,460 --> 00:40:51,460 these things figured out. 384 00:40:51,980 --> 00:40:56,580 The important thing is that we've got to make Lodi come out of this looking good. 385 00:40:57,740 --> 00:41:02,080 And we don't want a perception that there's fraud and we've had enough of this over the 386 00:41:02,080 --> 00:41:04,760 past with other things that Lodi has experienced. 387 00:41:05,360 --> 00:41:12,740 So I would just encourage you to not make a hasty decision if you need to come together 388 00:41:12,740 --> 00:41:18,040 with your attorney so they can sort out the legal stuff and whatever result you come 389 00:41:18,040 --> 00:41:22,600 up with, it's got to be something that's going to be palatable to your citizens and 390 00:41:22,600 --> 00:41:25,060 it's not going to be a blemish to our city. 391 00:41:26,740 --> 00:41:33,980 And I'm thinking the perception is so important here and whatever Mr. Carney has done with 392 00:41:33,980 --> 00:41:39,280 this audit, I think whatever came out in it, I would assume you'd want to know that and 393 00:41:39,280 --> 00:41:41,980 and you'd pursue that even if he is terminated, 394 00:41:42,020 --> 00:41:43,280 which I don't think he should be. 395 00:41:43,500 --> 00:41:45,140 I think again, I think it should be disciplinary, 396 00:41:45,680 --> 00:41:49,780 but we got to get the results of those audits looked at 397 00:41:49,780 --> 00:41:52,840 and the citizens need to know resolution of those. 398 00:41:54,560 --> 00:41:56,140 The improprieties on the other side, 399 00:41:56,200 --> 00:41:58,060 the legal sides of what he did or didn't do, 400 00:41:58,920 --> 00:42:00,840 that should be balanced out 401 00:42:00,840 --> 00:42:03,000 and disciplinary action taken on that. 402 00:42:03,680 --> 00:42:06,220 That's just my opinion, just caution. 403 00:42:06,900 --> 00:42:08,100 Don't rush into it. 404 00:42:08,100 --> 00:42:12,760 Council, and make sure it's a good perception for our city. 405 00:42:13,300 --> 00:42:13,860 Thank you. 406 00:42:19,440 --> 00:42:23,600 Hi, my name is Carol Jones, and I'm a resident of District 2. 407 00:42:24,260 --> 00:42:31,080 I just have very brief comments because the very articulate Mr. Chandler said much better 408 00:42:31,080 --> 00:42:35,140 than I could anything that I would want to say, but I support Mr. Carney very much. 409 00:42:35,140 --> 00:42:55,140 And mostly the appearance to me is that this is somewhat rash or maybe, you know, possibly trying to defend people in any defending, but it seems a rash action and it seems to look really bad to Lodi and I just want to Mr. 410 00:42:55,140 --> 00:42:59,880 finish what he was trying to do and for us to be able to see that. So thank you very much for 411 00:42:59,880 --> 00:43:01,680 giving me an opportunity to say my piece. 412 00:43:15,240 --> 00:43:19,360 Mayor Breggman, City Council members, Mr. City Manager, 413 00:43:19,800 --> 00:43:24,180 other City staff, thank you for the opportunity to have this open discussion this afternoon. 414 00:43:24,760 --> 00:43:32,180 I have with me here 250 letters that were sent to City Council members requesting 415 00:43:32,180 --> 00:43:40,280 this public comment session to occur since it was not originally on the agenda so we appreciate that opportunity. 416 00:43:40,960 --> 00:43:49,320 It was also a call for transparency in that we do want to see these audits and forensic audits continue 417 00:43:52,600 --> 00:44:01,220 because they're extremely important that we discover the extent to which the claims that have been made are true. 418 00:44:01,220 --> 00:44:08,940 And in reality, protect all of the hardworking city employees that are innocent of any sort of wrongdoing. 419 00:44:09,620 --> 00:44:21,080 Unfortunately, bringing any investigation to the close lumps, any actors that are acting outside of bounds with those that are acting appropriately. 420 00:44:22,240 --> 00:44:30,260 We also encourage or really it needs to be, the audits need to be continued by someone 421 00:44:30,260 --> 00:44:36,000 outside of the current city staff and that would be potentially one of those people being 422 00:44:36,000 --> 00:44:36,640 investigated. 423 00:44:36,940 --> 00:44:44,560 If you want the findings of the reports to be believed, we need a somebody that can call 424 00:44:44,560 --> 00:44:50,060 balls and strikes, sorry, I always use force analogies for those of you know me, but somebody 425 00:44:50,060 --> 00:44:54,360 that can be trusted by the public that the findings that come out were ultimately the findings 426 00:44:54,360 --> 00:44:56,820 of an independent third party investigator. 427 00:44:57,620 --> 00:44:59,760 The level of trust is extreme the 428 00:45:00,000 --> 00:45:29,980 Distrust is extremely high right now. You know, we as a business community have tried to communicate with some members of the council. Some have been very responsive. And we appreciate, we appreciate that. Unfortunately, if that hasn't been true all the way across the board. And so, if this is the continue, there needs to be increased transparency. Of course, never in violation of brown act or any sort of personnel confidentiality. 429 00:45:29,980 --> 00:45:35,480 issues that arise but there needs to be open communication 430 00:45:35,480 --> 00:45:36,840 through such a difficult time. 431 00:45:37,620 --> 00:45:39,760 We deserve a thriving community. 432 00:45:41,160 --> 00:45:44,620 It requires our council, our city staff and our residents 433 00:45:44,620 --> 00:45:49,180 all to have a shared vision and the fortitude to get through 434 00:45:49,180 --> 00:45:52,540 difficult times when the priorities of those three entities clash. 435 00:45:53,660 --> 00:45:58,560 We believe that the momentum that was talked about by Mr. 436 00:45:58,560 --> 00:46:05,220 to ranch odd and others is real, and an effort to take away an executive that has really 437 00:46:05,220 --> 00:46:10,800 moved the, again, another sports analogy, move the ball down the field in terms of taking 438 00:46:10,800 --> 00:46:15,620 this city where it needs to go, it would be a devastating result to lose. 439 00:46:16,940 --> 00:46:18,400 Thank you for your comments. 440 00:46:18,840 --> 00:46:22,340 Do we have any other individuals of the public that would like to come up? 441 00:46:22,720 --> 00:46:28,480 Mr. Mayor, I do have a public comment card from Alex Aliferres, but Mr. Aliferres, 442 00:46:28,480 --> 00:46:31,260 You noted on here that it's for public comment. 443 00:46:31,420 --> 00:46:33,220 There's no non agenda public comment. 444 00:46:33,400 --> 00:46:35,020 Did you want to comment on the close session item? 445 00:46:35,360 --> 00:46:35,840 Thank you. 446 00:46:40,200 --> 00:46:43,740 My name is Alex O'Lefer, as a resident of Lodi. 447 00:46:45,790 --> 00:46:49,750 This matter that the city manager brought up is important. 448 00:46:50,390 --> 00:46:55,450 And I need to remind you, according to the new whistleblower's handbook, 449 00:46:56,050 --> 00:46:58,590 by Stephen Martin Cohen. 450 00:46:58,910 --> 00:47:01,950 He's a national whistleblower expert on law as well. 451 00:47:01,950 --> 00:47:11,850 I met the guy and let me read you something, 1968, there was a court case, Supreme Court case, 452 00:47:12,350 --> 00:47:17,970 in Pickering versus the Board of Education, the Supreme Court decided on this case. 453 00:47:18,870 --> 00:47:24,550 Government workers who blew the whistle on matters of public concern were therefore protected 454 00:47:24,550 --> 00:47:30,850 from discrimination and wrongful discharge under the First Amendment's Guarantee of Freedom of 455 00:47:30,850 --> 00:47:37,710 The Pickering Decision spelled out previously, while whistleblowers needed legal protections. 456 00:47:39,510 --> 00:47:49,110 Millions of government workers from school teachers to police cannot afford to be fired from their jobs or lose their pensions for engaging in constitutionally protected speech. 457 00:47:49,770 --> 00:47:56,150 Now there's another thing I want to bring up, this is regarding, you cannot retaliate. 458 00:47:56,150 --> 00:48:09,830 Finally, whistleblowers do have protections, and all of us kind of remember, well, not all of us, but if you're in your 40s or 50s, maybe late 30s, we all remember 2002 and Ron. 459 00:48:10,670 --> 00:48:24,650 So in the infamous 2000, and I'm reading from the book, in the infamous 2002 and Ron corporate meltdown, the whistleblower Sharon Watkins sent a heads up memo to her boss, Kenneth Lay. 460 00:48:26,860 --> 00:48:31,760 Walkins believes she was doing the right thing by alerting her boss to accounting problems 461 00:48:31,760 --> 00:48:40,440 We just so happened to be the very problems that will land Enron officials in jail and cause the company to collapse 462 00:48:40,440 --> 00:48:43,840 Guess what they did 463 00:48:44,460 --> 00:48:53,160 They didn't listen to her and now we you know, we have the energy crisis in California and Enron collapse and so forth 464 00:48:53,160 --> 00:49:03,300 So whistleblowers do exist in both government, local, state, national, special districts, even private corporations. 465 00:49:04,660 --> 00:49:10,020 And this is a high-powered attorney from Washington, D.C. I personally know the guy. 466 00:49:11,420 --> 00:49:13,080 So I support Scott. 467 00:49:15,880 --> 00:49:20,040 He needs, we need to bring this information forth, retaliation. 468 00:49:20,040 --> 00:49:22,340 and it's not going to go well with the city. 469 00:49:22,900 --> 00:49:23,340 Thank you. 470 00:49:35,080 --> 00:49:37,320 As a load I resident and taxpayer, 471 00:49:37,840 --> 00:49:39,260 I expect good governance, 472 00:49:39,680 --> 00:49:43,140 financial accountability and transparency from our leaders. 473 00:49:44,120 --> 00:49:47,620 Please continue to work with city manager Scott Carney 474 00:49:48,060 --> 00:49:50,300 to successfully achieve these goals. 475 00:49:51,360 --> 00:49:53,440 Also thank goodness for the Brown Act, 476 00:49:53,780 --> 00:49:57,140 allowing public comment before this closed session. 477 00:49:57,780 --> 00:50:01,040 I initially thought a closed session didn't allow for that. 478 00:50:02,440 --> 00:50:11,240 It's highly unlikely that there are more people out there that wish to speak out today or write a letter, but didn't know it was allowable, thank you. 479 00:50:12,480 --> 00:50:13,880 Thank you for your comments. 480 00:50:14,740 --> 00:50:17,980 We have any other members of the public that would now like to speak. 481 00:50:18,280 --> 00:50:19,580 Please come to the podium. 482 00:50:25,810 --> 00:50:35,010 Madam City Clerk, would it be appropriate for me to allow a city manager speak or should I close public comments and then allow? 483 00:50:35,010 --> 00:50:37,130 Mr. Mayor, I would like to make a comment. 484 00:50:38,610 --> 00:50:39,370 Good question. 485 00:50:39,490 --> 00:50:42,970 I do just want to make sure before I close the public, Madam City Clerk. 486 00:50:44,410 --> 00:50:50,810 Mayor, you may close public comment, and then you may leave it up to anyone at the 487 00:50:50,810 --> 00:50:51,990 dies that would like to speak. 488 00:50:52,510 --> 00:50:52,690 Okay. 489 00:50:52,950 --> 00:50:53,210 Thank you. 490 00:50:53,590 --> 00:51:00,150 We will now close the public comment, 256, and Madam Craig. 491 00:51:00,630 --> 00:51:00,970 Thank you. 492 00:51:04,130 --> 00:51:12,130 Before I share the following comments, I want to say I did run my right to speak past 493 00:51:12,130 --> 00:51:17,050 our council to council, our outside council. 494 00:51:17,670 --> 00:51:22,190 And as long as I address publicly my individual approach performance review, I can do that. 495 00:51:22,290 --> 00:51:25,690 So I want to say I'm not speaking on behalf of any other council members. 496 00:51:26,630 --> 00:51:28,930 I have a professional background in government. 497 00:51:28,930 --> 00:51:31,650 I have done dozens of performance reviews. 498 00:51:31,970 --> 00:51:34,510 I've had dozens of performance reviews conducted on me. 499 00:51:35,470 --> 00:51:39,150 So what I look at when I'm doing a performance evaluation 500 00:51:39,760 --> 00:51:43,430 is a standard of looking at the job description, 501 00:51:44,210 --> 00:51:47,310 looking at any agreements, I'm sorry, you can't hear. 502 00:51:48,070 --> 00:51:49,050 Okay, I'll speak louder. 503 00:51:49,230 --> 00:51:50,010 I'm on the mic, I think. 504 00:51:51,510 --> 00:51:57,070 Agreements that are in place, I also look at any employment 505 00:51:57,070 --> 00:52:03,670 Amendment contracts, the municipal law, are ordinances very detailed on the duties of the city manager. 506 00:52:03,990 --> 00:52:08,710 I also align it to our established strategic plans and plan goals and objectives, 507 00:52:08,990 --> 00:52:16,210 which is something that was addressed in stakeholder discussions and the interviews for a city manager. 508 00:52:17,010 --> 00:52:21,310 So to that point, there are a lot of things I'm not going to read all of them, but 509 00:52:21,310 --> 00:52:26,330 The couple of the things that I think may apply at this point, actually it was interest to Mr. 510 00:52:26,370 --> 00:52:36,990 Bestow you listed some of these yourself, but the city manager in his employment contract has the duty to implement and enforce city policies, rules and regulations. 511 00:52:37,930 --> 00:52:48,230 Her the description of the city ordinance, he also must provide advice on banances to keep the city council at all times advised as to the financial conditions in the needs of the city. 512 00:52:48,230 --> 00:52:59,250 He also must make investigations into the affairs of the city or any department or division thereof or any contract or proper performance of an obligation running to the city. 513 00:52:59,670 --> 00:53:05,890 He must also investigate all other complaints in relation to all matters concerning the administration of the government of the city. 514 00:53:06,410 --> 00:53:16,670 There's a number of other financial areas that he must look into and other duties that anyone can see on the contract but for the sake of time I'm not going to go through all of those. 515 00:53:16,670 --> 00:53:23,050 What I think is important is the strategic plan that this council working with our executive 516 00:53:23,050 --> 00:53:28,270 team helped to establish when I came on council in 2023. 517 00:53:28,910 --> 00:53:35,310 And the goal that I think is most important to those of you who spoke today and even those 518 00:53:35,310 --> 00:53:38,110 who spoke on both sides of this concern. 519 00:53:38,670 --> 00:53:43,630 The goal is to create a fiscal structure to accomplish our city council's strategic priorities. 520 00:53:43,630 --> 00:53:48,650 We need to promote the city's fiscal transparency and our citizens' fiscal fluency. 521 00:53:48,850 --> 00:53:54,350 I think we are attempting to do that with Mr. Carney and the rest of council. 522 00:53:54,790 --> 00:54:00,250 To position Lodi to maintain a diversified revenue mix that reflects the economic prosperity 523 00:54:00,250 --> 00:54:06,150 of our community, to research and present new revenue opportunities for city council consideration, 524 00:54:06,790 --> 00:54:14,050 And importantly, to ensure that the elected leaders and staff retain focus on physical priorities. 525 00:54:14,810 --> 00:54:18,070 That is what I'm looking at when I'm conducting a performance review. 526 00:54:18,450 --> 00:54:24,630 So I just wanted to share that so you knew it was not arbitrary that there are specific criteria we consider in performance review. 527 00:54:25,050 --> 00:54:26,530 And thank you all very much for today. 528 00:54:28,760 --> 00:54:29,060 Thank you. 529 00:54:33,240 --> 00:54:33,620 Mr. 530 00:54:36,520 --> 00:54:38,740 Chris Podista, Mr. Low, aren't we? 531 00:54:39,920 --> 00:54:42,000 I found out I were in the business too, right? 532 00:54:42,660 --> 00:54:45,480 We had a comfortable solution to get together and get together. 533 00:54:45,620 --> 00:54:46,440 We can't do it that way. 534 00:54:47,000 --> 00:54:49,140 I can't meet with three other people and discuss issues. 535 00:54:51,680 --> 00:54:56,240 So Scott Howell, the Sentinel Editor, asked a question. 536 00:54:56,760 --> 00:54:59,020 We didn't answer because it's not proper for us to answer. 537 00:54:59,020 --> 00:55:01,300 So he said after the Tuesday, the debacle, 538 00:55:01,660 --> 00:55:02,700 they're not debacle with the issue. 539 00:55:02,980 --> 00:55:03,280 He said, 540 00:55:05,750 --> 00:55:06,630 would you answer the question? 541 00:55:06,910 --> 00:55:08,170 Were you aware of these allegations 542 00:55:08,170 --> 00:55:09,890 prior to Tuesday's meeting? 543 00:55:11,010 --> 00:55:11,430 Yes, I was. 544 00:55:12,070 --> 00:55:12,990 How did I know? 545 00:55:13,670 --> 00:55:15,990 It's because every month before meeting, 546 00:55:16,410 --> 00:55:17,190 I could speak to Scott. 547 00:55:18,910 --> 00:55:20,730 So I knew this was happening, but we never 548 00:55:20,730 --> 00:55:21,890 discussed with the City Council. 549 00:55:22,370 --> 00:55:25,250 We never bought this to any agenda item 550 00:55:25,250 --> 00:55:27,690 where I would like to discuss issues. 551 00:55:28,890 --> 00:55:42,110 And what was my initial reaction when I learned it, I wasn't too worried because I knew that the people who worked before me did a good job and it's mine, I was there before too, right? 552 00:55:42,850 --> 00:55:50,510 The concern about the CalPers and so forth is a big issue, but I think we had a handle. 553 00:55:50,510 --> 00:55:53,630 and you 554 00:55:55,640 --> 00:55:59,420 support City Manager's call for forensic audit, you say do. 555 00:56:00,420 --> 00:56:10,640 Now, we had never had the time when we analyzed Scott City Manager, City Manager, the attorney and the clerk. 556 00:56:11,820 --> 00:56:16,380 We were planning to have evaluation of their work, right? We haven't done that. 557 00:56:17,160 --> 00:56:21,660 When the issue came up, it was always on this closed session. 558 00:56:22,360 --> 00:56:27,680 When we had an issue with the party with attorney, we hired an outside attorney to adjudicate 559 00:56:27,680 --> 00:56:28,000 it. 560 00:56:28,520 --> 00:56:30,620 All that report hasn't come in yet, right? 561 00:56:31,120 --> 00:56:35,760 So, as far as evaluating whether we're going to check them out or not, the other thing 562 00:56:35,760 --> 00:56:39,040 too is the difference in depending when you've discussed spoke up last time, right? 563 00:56:39,580 --> 00:56:40,620 In America, cut them off. 564 00:56:42,160 --> 00:56:44,300 I would let them talk, right? 565 00:56:44,540 --> 00:56:48,920 I didn't think it was an infraction of kicking, firing them for that. 566 00:56:49,040 --> 00:56:49,940 That's my opinion, right? 567 00:56:49,940 --> 00:56:52,360 So that's how I've held it. 568 00:56:52,780 --> 00:56:57,600 So we haven't heard all the facts about this issue. 569 00:56:57,820 --> 00:56:58,600 How much tell you that, right? 570 00:56:58,800 --> 00:56:59,460 We just began. 571 00:57:00,340 --> 00:57:02,580 So right now, I'm telling you what I know, 572 00:57:02,880 --> 00:57:06,880 I know more from the Steve Mann's article in the paper, 573 00:57:07,280 --> 00:57:08,800 when he wrote this in all of some 574 00:57:11,110 --> 00:57:12,350 Steven's, 575 00:57:12,390 --> 00:57:15,630 I saw the debate, that's what we should have here. 576 00:57:16,030 --> 00:57:18,670 But we can't because of the Brown Act. 577 00:57:19,030 --> 00:57:21,310 So that's the reason we can't bring it out 578 00:57:21,310 --> 00:57:24,650 in the public is because we make ourself liable, if you say that. 579 00:57:25,250 --> 00:57:30,070 Every time we talk here, we make a lot of liable because if you go to court and use whatever 580 00:57:30,070 --> 00:57:36,790 words we have to support you as a person who's been in for a long time, I try not to say too 581 00:57:36,790 --> 00:57:37,170 much. 582 00:57:40,150 --> 00:57:44,070 I haven't gotten all the information of what to do as for the evaluation. 583 00:57:45,650 --> 00:57:46,230 Thank you. 584 00:57:46,230 --> 00:57:53,750 Thank you for your comments, and do we have city manager that would like to make any comments as well. 585 00:57:58,340 --> 00:57:59,180 Thank you, Mr. Mayor. 586 00:57:59,920 --> 00:58:03,480 I look forward to the opportunity to speak with Council later this afternoon. 587 00:58:04,560 --> 00:58:09,240 And I hope that we'll be able to invest in LoDIS future by providing the transparency, 588 00:58:09,640 --> 00:58:13,580 accountability, and resources needed to remedy the deficiencies and 589 00:58:13,580 --> 00:58:17,880 support the many earnest employees who want to deliver efficient and proper stewardship. 590 00:58:18,680 --> 00:58:19,320 Thank you. 591 00:58:21,790 --> 00:58:22,970 Any other councilmembers? 592 00:58:23,590 --> 00:58:27,890 I was going to say one thing in closing, which is when I got involved in City Council, 593 00:58:28,750 --> 00:58:38,610 one of the most profound questions that I asked myself is getting done or is getting 594 00:58:38,610 --> 00:58:42,090 something done or is good leadership the same thing. 595 00:58:42,490 --> 00:58:44,310 And I'm here to tell you they are not the same thing. 596 00:58:45,090 --> 00:58:49,650 A part of being a good leadership means that you bring people along the way because 597 00:58:49,650 --> 00:58:52,190 a mission is more important than one individual. 598 00:58:53,010 --> 00:58:58,230 And if you're focused on just getting things done and running over somebody, then one 599 00:58:58,230 --> 00:59:02,150 of the issues that you have is all your hard work will revert after you're gone. 600 00:59:03,790 --> 00:59:09,810 What I additionally would like to say is in an performance of valuation, what I would be 601 00:59:09,810 --> 00:59:18,250 be focused on personally for any one that is appointed to this city attorney, city manager, 602 00:59:19,230 --> 00:59:28,350 city clerk, city treasurer, I'm focused on number one ethics because if we're doing something 603 00:59:28,350 --> 00:59:32,390 wrong, we can figure that out. But if you're dealing with somebody that can't trust, then that's 604 00:59:32,390 --> 00:59:38,050 a different story. So that is all that I will say on the matter for now, and now we will adjourn 605 00:59:38,050 --> 00:59:38,770 to close session. 606 02:22:03,950 --> 02:22:05,370 Waiting for councilwoman. 607 02:22:18,330 --> 02:22:19,470 Patience is virtue. 608 02:22:57,890 --> 02:22:59,930 We are now waiting for councilmember Hothi. 609 02:23:31,880 --> 02:23:44,720 All right, council is convening a closed session at 430. If I may, you're returning from closed session. Thank you. My apologies. Returning from closed session at 430. 610 02:23:46,840 --> 02:23:56,700 And can we give the report? I will note, and if you'd like to introduce yourself, the city did hire a third party attorney, and now you may take the floor and 611 02:23:56,700 --> 02:24:02,080 introduce yourself. Thank you Mayor Council and members of the community. I'm Adam Lindgren 612 02:24:02,080 --> 02:24:09,160 outside council from the law firm Myers-Novey. This afternoon the city council took up item 613 02:24:09,160 --> 02:24:16,840 B1 and B2 a public employee performance evaluation and public employee potential discipline dismissal. 614 02:24:17,440 --> 02:24:23,960 The council did not conduct the city manager evaluation this evening and it did not consider 615 02:24:24,880 --> 02:24:31,160 dismissal of the City Manager. The City Council did review briefly and discuss 616 02:24:31,160 --> 02:24:41,700 the statements made by Mr. Carney on April 1st, warrants, and deserve careful 617 02:24:42,580 --> 02:24:47,360 consideration, and the City will be hiring outside counsel to take a look into 618 02:24:47,360 --> 02:24:53,900 the statements that Mr. Carney made. And the Council also gave direction on 619 02:24:53,900 --> 02:24:59,820 on a three-two vote with council members Craig and Nashamese dissenting to place Mr. 620 02:24:59,960 --> 02:25:04,820 Karney on a temporary administrative leave. Well, the council looks into those issues. 621 02:25:05,640 --> 02:25:14,140 And the council further gave direction that it would be meeting in a special meeting on Friday 622 02:25:14,140 --> 02:25:22,500 morning to consider the further issue of who would serve as acting city manager during 623 02:25:23,240 --> 02:25:28,140 the Mr. Carney's leave, and with that the council took no other reportable actions 624 02:25:28,140 --> 02:25:31,240 and concluded its discussions this afternoon. 625 02:25:31,780 --> 02:25:35,360 Thank you for that report. Do we have any council members that would like to make comments? 626 02:25:38,280 --> 02:25:43,420 Seeing none, I would just like to reiterate the fact that we will have a third party investigation, 627 02:25:43,420 --> 02:25:54,060 and we hope to have that completed within a timely manner, hoping for 45 days and going to reiterate as far as an interim, I'm sorry, I apologize, 628 02:25:54,580 --> 02:26:02,100 a acting city manager, we will have a posted agenda meeting for this Friday to discuss options. 629 02:26:03,200 --> 02:26:06,640 Thank you again, and I will see you next time.