Parham: I'm Done Trying to Fire Galletly
But at Tuesday night's City Council meeting the gloves came off as he took city manager Bill Galletly to task for not readily providing him contracts from APAC Construction on the 18th street bike path, which he says was built without Council approval; his denial of a request to place on the Agenda the matter of termination of Galletly, and Parham's direct dealings with several city employees, which is against state statute Title 11 Section 10-107.
As to the legality of the bike path construction, Acting City Attorney Ron Cates said he had not read the contracts and could not offer a legal opinion until he had an opportunity to read them.
Galletly said the explanation was simple: A previously approved bike path at a cost of $161,000, based on concrete and extending down Shundi to 9th street, was removed at his request when the construction bid came in at more than $500,000 over engineer's estimates. The bid for construction was "quantity bid" and included X tons of asphalt some of which was leftover from the roadway portion so the decision to use the leftover amount on the bike path was made. The asphalt pathway is on 18th street only and cost $48,000 and "we are still $29,000 under the bid and the entire project is finished."
Parham and Councilman Gary Bishop are upset that they were not given the opportunity to OK the asphalt path.
Cates said "we have an issue, perceived differently, and it needs to be reviewed as to whether the bike path construction is lawful or unlawful" and said he would review the documents and offer a legal opinion. Council then approved the Purchase Order Register with the exception of payments of $54,441 and $995 for the 18th street construction project.
Last week Parham went to City Hall and demanded that the matter of employment issues of Galletly be put on the Agenda for Executive Session, a meeting which involved City Clerk Bonnie Buzzard, who works for Galletly, not the Council. Buzzard was put in the middle of a volatile situation which upset her to the point of having to take two days of sick leave.
According to state statute, only the City Manager and City Treasurer report to Council; "Council and its members may not give orders on ordinary administrative matters to any subordinates of the city manager either publicly or privately." (Title 11, Sec 10-107, Limitation of Council Authority).
Galletly said "we have a policy for issuing information. People who wish information file a written request with the receptionist who in turn gives it to the City Clerk and City Manager who respond with the information. One cannot just walk into employee's offices and demand they stop work and answer their request. This policy came about a couple of years ago after the Earl Shero matter," Galletly said.
Galletly suggested that the council and city staff have a joint work session to work out these issues for the future and Council agreed.
On June 6 Council voted 5-0 to terminate Galletly as City Manager but rescinded the vote Aug. 4 since they could not agree on the third version of a consulting contract offered to Galletly. At issue was a "hold harmless" clause in this contract.
Council went into Executive Session at 8:19 p.m. on the matter of litigation from Gary Metcalf v. City of Grove and came out at 8:52 p.m., taking no action on the issue.
In other Council action Tuesday night,
--the winning entry in the city Flag Contest was selected (see separate story)
--deleted the matter of entering into negotiations with GRDA for long-term land lease agreement.
--approved a Bonfire for Sept. 28 for Grove High School Student Council, provided the current burn ban is no longer in effect.
--approved fees of $5,440 to LandPlan Consultants for Grove Streetscape Phase 2 work with ODOT.
--heard an update from Precision Communications regarding a new wi-fi system (see separate story)
--denied a tort claim from Sherri Alberin who slipped in the city's swimming pool.
--denied a request from Sheep Shed Ministries for waiver of Civic Center fees; however Councilman Gary Bishop offered to pay the fee of $500 for the group, with Councilman Parham then offering to pay half of the $500.
--approved a street closing request to the Grove Chamber of Commerce for Sept 14 Cruise Nite.
--heard from Allied Waste Services regarding contract revisions on trash pickup (see separate story)
--moved the location of the new Verizon Cell Tower due to problems in acquiring the land at the previously approved location, with the new tower now planned to be built on city owned property.
--tabled action on a request from former city attorney Dorothy Parker for payment of her legal expenses in conjunction with the Grand Jury investigation last June.
--authorized the Mayor to sign a grant agreement with FAA for land purchase at the Grove airport.