HomeMy WebLinkAboutResolution 2005-89 - Resolution of Censure•
RESOLUTION NO. 2005-89
RESOLUTION OF CENSURE
WHEREAS, commencing in November of 2004 and continuing through 2005, Councilmember
Elect and then Councilmember Jacobs has engaged in a pattern of behavior that is unbecoming of
a councilmember; that this conduct has placed the city at significant risk of liability; and
WHEREAS, in January of 2005 when Councilmember Elect Jacobs sent a letter to Hennepin
County Sheriff McGowan alleging criminal wrongdoing on the part of the city administrator, city
attorney and the current and former mayor of Corcoran; that an examination of the facts showed
that the before mentioned city officials were merely following the direction of the City Council
in pursuing an enforcement action and defending the city from litigation brought by HRUA; that
Paul Jacobs is the general manager of HRUA; and
WHEREAS, in response to the criminal allegations sent to Sheriff McGowan by
Councilmember Jacobs, the Corcoran City Council went on record in support of its city officials
by passage of Resolution No. 2005 -32 entitled:
Resolution in Support of the City Attorney, City Administrator,
former City Mayor and Current City Mayor in response to a letter
dated January 12, 2005 from Paul R. Jacobs, Councilmember Elect
to Sheriff Patrick McGowan, Hennepin County Sheriff, regarding
"Unlawful/Misuse of Public Funds"
WHEREAS, throughout 2005 Councilmember Jacobs has continually accused staff of failing in
their duties, typically by sending e-mail communications of alleged wrong doing or neglect to
staff, to other council members and to commission members; that Administrator Vergin is in
receipt of 24 such e -mails covering a period of time from November 18th, 2004 through
November 17th, 2005 as an indication of this behavior; and
WHEREAS, rather than call or speak to staff directly, Councilmember Jacobs has chosen to
communicate by e -mail, often communicating complaints about staff performance without
accurate factual background and without determining by direct oral communication what are the
accurate facts; and
WHEREAS, the most recent example of Councilmember Jacobs' behavior is found in his e-mail
to Administrator Vergin dated November 3rd, 2005 relating to a joint City Council /Wastewater
Commission meeting of November 1st, 2005; that analysis of that e -mail, when compared with
the facts, shows the inaccurate and misleading nature of the e-mail communication and the
continued attempts to fault staff for acts and omissions totally out of context and without factual
support; and
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WHEREAS, throughout 2005 this pattern of behavior by Councilmember Jacobs has caused
staff a great deal of frustration and is often very upsetting to staff; that the e -mails sent by
Councilmember Jacobs are very inflammatory and accusatory and without factual basis; and
WHEREAS, this behavior by Councilmember Jacobs culminated in a formal statement given by
Administrator Vergin and placed into the record on November 10th, 2005 expressing her
concerns and frustration of Councilmember Jacobs' behavior; and
WHEREAS, this continuous behavior by Councilmember Jacobs results in an adverse working
environment for city staff and constitutes a significant risk to the City legally; and
WHEREAS, Councilmember Jacobs' apology submitted at the regular Corcoran Council
meeting of December 8, 2005, is hereby acknowledged to be disingenuous and without substance
as indicated by his subsequent letter of December 12th to the Crow River News.
NOW, THEREFORE, the Corcoran City Council hereby RESOLVES to formally CENSURE
Councilmember Jacobs for his conduct in 2005.
BE IT FURTHER RESOLVED, the entire City Council is reminded that it is in the City's best
interest that the relationship between Council and staff be conducted in a businesslike manner
that is appropriate for the existing employer - employee relationship.
Moved by Councilmember Cossette, seconded by Councilmember Lymangood
The following voted in favor of said Resolution: Cossette, Lymangood, and Thomas.
The following voted against the same: Grabowski and Jacobs.
Whereupon said Resolution was declared duly passed and adopted, and was signed by the
Mayor and attested by the Clerk dated this 22nd day of December, 2005.
ATTEST:
City Clerk
Mayor
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