Government Operations Committee meeting – Mar 12, 2020 - MINUTES

Date: Thurs, Mar 12, 2020, 5:30pm  (Sullivan Chamber)

Committee Members Present: E. Denise Simmons, Marc C. McGovern, Jivan Sobrinho-Wheeler, Timothy J. Toomey, Quinton Zondervan
Other Councillors Present: Councillor Nolan

Government Operations, Rules & Claims Committee will meet to continue discussion on extending the contract of City Manager Louis A. DePasquale beyond January 2021

Councillor E. Denise Simmons
Good evening, a quorum of the Government Operations, Rules, and Claims committee being present and the time of the meeting having arrived, I will call this meeting to order. We have with us present this evening, Councillor Sobrinho-Wheeler, Councillor Toomey, Councillor Simmons, Councillor McGovern, Councillor Carlone. And up here I have Neal Alpert, aide city councilor and our city clerk Anthony Wilson. Also joining us is Councillor Patty Nolan. We do have, participating in a remote manner, Councillor Zondervan, and I will read the regulations as pertains to remote participation. The city manager has authorized the use of remote participation at meetings of the city's public bodies and transmitted to the Council on May 13, 2012. The Open Meeting Law regulations, which were revised by the Attorney General on October 6, 2017, it is 940 CMR 29.10 to be used as the guidelines for the city's use of remote participation. The Chair recognizes the absence of the person that is not at the meeting also announced that there is a quorum present which there is, the chair also will announce that there will be a member that is not meeting and will be participating remotely that member that is not present is Councillor Zondervan. Who will be participating in the meeting remotely and is in attendance by way of teleconferencing. This information must be recorded in the minutes, the chair request that the absent Councillor to state for the record that the proceedings are clearly audible to him. And so I will ask Councillor Zondervan: are we audible clearly to you?

Councillor Quinton Zondervan
Yes, Madam Chair. Thank you.

Councillor E. Denise Simmons
Thank you. The chair will announce that the Councillor Zondervan is audible to the meeting and most of the city council and to the public. At which point the chair will announce that all votes that will be taken this evening will be done by roll call vote. The call is as follows the government operations rules and claims committee will meet to continue discussion on extending the contract the city manager Louie A. DePasquale beyond January 2020.

Councillor E. Denise Simmons
Good evening. I want to thank everyone for coming this evening to the meeting of the government ops, rules and claims Committee. The call the meeting is as follows: that the government operations, rules and claims committee will meet to continue discussion on extending the contract of city manager Louie A. DePasquale beyond January 2020. I want to note that as the city continues to grapple with the COVID-19 outbreak, we are modifying how we do many things, in the hopes that we can minimize the risk of the exposure to those present. We are not holding this committee in the typical roundtable setup, instead having Councillors sit at their regular desks... sitting at the regular desk as far apart as possible. So if you folks that are sitting on this side of the room want to make more room between one another as we have been asked to do, please do so you will see that on this side of the room we were able to manage that. We are also providing public comment at the top of the meeting. And I strongly... First I want to thank all of you that have come to participate in public comment. But as we close or as you have given your testimony, I'm going to strongly urge those of you that have come to give public comment, please feel comfortable to leave after you made that, made your public comment or left your minutes, your notes so that you know that this meeting is being televised and being recorded it is also being privately, being recorded by other devices through the media and other individuals. So please be aware of that. Everyone will have an opportunity to view this meeting online. It's live streaming or at a later time. Additionally, with every council meeting and committee hearing, people are welcome to submit their public comments via email, and they will be a part and that will be made part of the record. I'm also urging my colleagues on the committee to keep the remarks brief and to the point. If you wish to ask numerous questions or make a note are numerous level of appoints I would ask that you state so that they will be on the record, but to consider having those questions answered in writing at the next meeting. I think it's best until we get a clearer grip on the virus to keep our meetings brief and to the point as we can and that is certainly my intention this evening. Again, I want to note that my colleague Councillor Zondervan is participating remotely by phone this evening. So having said that, I am going to open the floor for public comment. I think we have a sign in sheet which our Clerk will get, the time allotted to each individual is three minutes please give your name and address for the record. Make all your comments through the chair after which you are free and/or encouraged to leave so that we are always keeping your health and safety in mind. So with that when the clerk brings the signup sheet forward. We will then start with public comment.

Councillor E. Denise Simmons
Okay, that first person is signed up to speak is Elaine Thorne followed by Ruth Ryan Allen.

Elaine Thorne
Hello, I'm Elaine Thorne. I'm at 40 Hay street in Cambridge. I'm here to talk about being in support of the current city manager, Louie DePasquale. I have worked with Louie for the past 30 years, in different capacities here in the city, most currently with the Affordable Housing Trust. And I think that he's doing a great job. He's an open policy door. I've worked to see that this city has supplied affordable housing, much more so than any place I know. And we continue to try to do better all the time. I also worked with Louie during one of the more trying times in Cambridge during the large fire that we had. Louie did everything possible to make that transition for people who are affected by a fire as seamless as possible and worked diligently at, with other city departments to make all of that happen. He has an open door policy, we have maintained the bond rating. And I just feel like this is the right person for the job currently. And I hope that you all will support it. Thank you.

Councillor E. Denise Simmons
Thank you for your testimony. Ruth Ryan Allen, followed by Susan Ruff, after that Mike Nicoloro.

Ruth Ryan Allen
Thank you. I'm here in support of extension of Mr. DePasquale contract. My name is Ruth Ryan Allen. I Live on 48 Fenno Street. I've been a member of the planning and focus group for the new inclusionary park being developed and built by the Danehy park space. I'm also on the board of the Cambridge C-PAC, the special education Parent Advisory Committee. This park is so important to our city, the children, the families, with all abilities, and I was never so proud to be invited as a member of the group. Our city manager Louie decided to put this idea into a reality for our families. There is such a need for parks where both children with different abilities, as well as parents with different abilities can go and just enjoy a day in the park. Most of the time these children have to wait for one of the specialized swings to become available in order to even be a part of the experience. Parents who had, might have physical disability have to stand there and watch their children play. But this is going to change Mr. DePasquale saw a need in our city. He heard our families who are quiet and at times, they don't make much noise. He has the pulse on the heart of the city. He put together a team of parents whose children range in abilities, outside caregivers, city staff, inclusionary specialists, art council members who can incorporate artists who them themselves have different abilities. And an architectural firm who has an excellent experience with such projects. The outreach groups that were formed were coordinated and open to all ideas. He was beyond sensitive to all groups and open the process to all of the neighbors in Cambridge. He gave us his word that this would be done, and it will be done. Now Mr. DePasquale managed to get the funding, responded back to the group putting his top aides in the mix. Many other department heads followed him because he is a man to be followed. This is a united effort and it was led by him. The most vulnerable in our city are sometimes drowned out by our big plans. But Mr. DePasquale ensures all will be heard. I am eternally grateful to have such a manager in our city. This park will be a reality very soon, the children and adults will find refuge in our turbulent times due to being able to access such a facility. This is due to a great project, a great plan and a great leader. And if we lose him, we'll be... Cambridge will be much less. So I urge you to follow the extension on this.

Councillor E. Denise Simmons
Thank you so much for your commentary. The next person is Susan Ruff. Followed by Mike Nicoloro, followed by Scott Slater.

Susan Ruff
Hello, Susan Ralph. I live at 80 Fawcett Street. I've known Louie for 20 plus years, but I'm also the Director of Cambridge youth soccer. So I've been I'm working with him in his role as city manager. And I fully support extending his contract for another two years. Louie has a passion for this city. And it's been great working with him on various youth programs that our city provides. We sit down sometimes over complicated issues, I have to say he always has great respect for everybody sitting at that table, and invites all points of views and then we try to work out a good solution for people. And he understands youth programs, not just youth soccer, and we really appreciate that. In addition, his dedication to affordable housing certainly helps many of our soccer families. So thank you for that. Thanks for your time.

Councillor E. Denise Simmons
And thank you for your testimony. Mike Nicoloro, followed by Scott Slater and then James Teague.

Mike Nicoloro
Good evening. My name is Mike Nicoloro, I'm a lifelong resident of East Cambridge 156 Spring Street, and I am in favor of extending city manager's contract beyond 2021. I've had the privilege of knowing Louie for pretty much my entire life he grew up few houses down from where I lived on Thorndike he was on seventh. I also had an opportunity to actually work with him briefly when he was the budget director and I was with the city, I worked for the water department. And both professionally and on a personal basis, I found Mr. DePasquale to be fair, passionate in his beliefs, collaborative, honest and true to his words. Beyond that he loves Cambridge and cares deeply about its future. He is a smart man but he's very humble. If you ever have been with him in a meeting or just in a general conversation, he's engaged in an easy to speak with. He has no ego. Once again, humble. He is a good communicator. From budget director to city manager, he has had involvement in maintaining triple A bond rating, which helps the city fund many programs that other cities and towns envy. Ride through Cambridge, 6.2 square miles. We are building new schools. We have a fantastic school system with programs for helping our children learn regardless of what challenges they may have. They go the extra distance. I know and I have a grandson that's in that school system. We have a state of the art water purification plant in fresh pond, not to mention a wild and natural habitat adjacent to it. Having a water plant stabilizes our water rates. We have world-class public safety; firemen, police, the fire department ISO Class One, which keeps insurance rates down. Why? Because in part a fire water infrastructure is superior. Again, Public Works plays a very defining role in that. Just right around the street and look at the different colored hydrants. All of those have a significance in the meaning. Our Public Works serves, you know provides various services to go along with low property taxes when compared to surrounding cities and towns. In summary, the city manager has to balance two major areas: fiscal stability, environmental quality of life, diversity, a number of things, but it's always the money and then the soft side of the business, which I consider to be the real thing that hits the hits the ground. I do believe Mr. DePasquale has done a spectacular job in maintaining a healthy balance with both and would hope that he can continue to serve the city beyond 2021. And I'm sure he has a lot of sleepless nights thinking about when he's balancing these things, because everybody has to compromise. But at the end, we have a wonderful city, and I want to keep it that way. And I think if we have Mr. DePasquale in place, we have a good shot at that to introduce some stability in the world right now with a lot of uncertainty. Thank you.

Councillor E. Denise Simmons
And thank you for your testimony. We now have Scott Slater, followed by James Teague, after which we have our former state representative and city councilor, Saundra Graham. Mr. Slater.

Scott Slater
Thank you. Hi, I live at number 10 Bigelow Street. So right around the corner. And I've known Louie for about 25 years in many different capacities. One thing that really doesn't get talked about very much is how wonderful the City of Cambridge is, especially in the last five years or so, at responding to little needs of its citizens, such as having a motorcycle that's been chained to a pole outside of your house for a month or having some handicap placards put on a handicap pole in front of your house that bicycles were always locked on, or having street life fixed, etc, etc, all the little things that are very important to the citizens of Cambridge, to make just our day to day life easier and Louie and the people that work in the city manager's office have always been incredibly responsive. It's... It's so impressive friends of mine who were visiting me from out of town can never believe how quickly things are addressed when you make that call. As a resident, I've lived on Bigelow Street for 30 years next month. And most of my neighbors are older than even me, and are on fixed incomes of some sort, have lived in their houses for 30 or 40 years, aren't especially wealthy, want to stay in their homes. And I... one thing that I really think is a wonderful thing that City of Cambridge has done is to allow the middle class to stay in Cambridge by keeping property taxes low. And I think Louie has had a great deal to do with that. You don't see when people are running for city council in their campaign literature: “Oh, one of my goals is to preserve the middle class in Cambridge.” I'm afraid you just don't hear that very often from city councillors. Perhaps it is one of their goals but it's a pretty big goal because a lot of people like myself are keeping the city affordable. My... I do have a tenant in my house who's a student. And we have basically never raised our rent since he moved in. We have always kept it low and have always had students living there since we've lived there. Many... some of my neighbors on Bigelow Street still rent rooms, because under rent control, they lived in rooming houses but they decided even after they did not have to do that anymore, they continue to rent rooms and those rooms are like with my tenants rent well below market. And so it's the idea of having our taxes go up substantially would be kind of devastated. I collect Social Security now, despite the fact that I still work and for the residents of so many parts of Cambridge all the people who live in their parents houses or have taken them over the two and three families, etc, etc. It really helps us...

Councillor E. Denise Simmons
Mr Slater your time has expired.

Scott Slater
Okay, thank you.

Councillor E. Denise Simmons
If anybody who has their comments in writing, please leave them in the basket. And they will be made a part of the record for tonight's meeting. James Teague, followed by Saundra Graham.

James Teague
Hi, so I'm James Teague. Thank you for giving me this opportunity to speak. My wife and two sons live at 107 Fairweather Street here in Cambridge. I'm here to talk in support of the city negotiating in good faith to extend Louie's contract. Here's a couple of brief reasons why we want to support him here. I was recently at the Tobin School community meeting and saw the city manager gathering all the different constituents stakeholders and providers to that project together to go over the plans, solicit concerns, get suggestions. My wife and I truly appreciate living in a community that values inclusion and values, diversity of different points of view. And it was wonderful to see our city manager making that effort to solicit those points of view. It is not easy. I know it's not easy to have to navigate the different points of view the debate between the soccer families and the baseball coaches is enough to keep anybody away from that. I truly appreciate that he makes that effort. You all know he's worked for the city for a long time. That kind of experience and institutional knowledge brings to this position, a tremendous benefit to this city. Earlier, someone mentioned the fire in East Cambridge. And I think that that experience and institutional knowledge was tremendous in getting the resources to those families providing the homes, the clothing, the food for those families in need. And I appreciate that we've got a city manager who has that kind of experience. We've got a triple A rating, it is not easy to sustain that. We live in really strange times. And I'm not talking about the corona virus. I'm talking about a federal government that is retaliatory against cities, sanctuary cities such as ours. And I appreciate that we've got a city manager who has the skill and the knowledge and the ability and the experience to navigate those financial challenges. There's community needs, and just and the political challenges that we're facing, and so I am supportive and I encourage the city negotiate in good faith to extend his contract.

Councillor E. Denise Simmons
Thank you. Thank you for your testimony. Saundra Graham. Absolutely. Thank you. Richard Vendetti followed by David Altschuler.

Richard Vendetti
Good evening councillors. I'm here to, to support the extension. And hopefully it's double the time that you have an extension. I've known Louie for probably 55 years roughly. I live at 24 Winter Street in East Cambridge. To have a gentleman like Louie get involved with this city. And the love he has for the city, the love he has for children and sports and how we solve [sic], you can't get a better person in life. And to have him run the city to be one of the top notch cities in the country with the triple A bond rating, and he keeps it up year after year after year. So I hope you will extend this here for a long time. I know everybody in this room and in the city you know somewhat appreciate would appreciate it for sure. Thank you.

Councillor E. Denise Simmons
Thank you for your testimony. David Altschuler, followed by Douglas Altschuler, followed by Jim Stockard.

David Altschuler
My name is David Altschuler. I want to start by thanking all of you for your service to the city into making it the great place that I've been proud to live in for a little over 20 years now. Also thank you for, you know, keeping things going in these scary times, having open government and being able to have these hearings and wherever we go from here, these kinds of you know, democracy in action is just one of those important things. And one of the, you know, heroes of mine and this great local setting is Louie DePasquale. And so I'm here to talk in favor of his extension. I come with a couple of different hats on. One is from sort of business side, and then also from the arts. There was a business I'm involved with a couple different restaurants and both the restaurant industry called Par Le and also here for a friend associate of mine Tom Brush who operates Philippe's in the middle of Harvard Square. And what Tom, who's not feeling well right now asked me to convey to all of you is that even though he had a couple of hiccups and trying to figure out a couple of regulatory things here with the city, where he didn't have the easiest time, he didn't have it, things didn't go the way he wanted them to go – Louie was somebody who dealt with him straightforwardly. And with candor, and direct and didn't make it easy. He didn't, didn't get anything, but he had to do what he had to do. But just by being straightforward and being transparent and acting with candor, to us, it was involved with significant costs financially to Tom, that was really important to him.

David Altschuler
And when you think about what goes on at Harvard Square, and then another hat, I've been involved with theater group that was able to bring moon brought able to bring Rocky Horror Picture show to Harvard Square this last fall. I was involved in trying to revitalize Kendall Square with arts performances. And so we are, again from be at the restaurant side or from the art side, pure nonprofit, public charity, supported by many people here in Cambridge, is we're trying to revitalize life in Harvard Square and Kendall Square. And in this time where we have all these big corporations and all these big companies having little independent activities, arts groups, or be independent restaurants or just small businesses, it's hard. And Louie, again, while maintaining a fair and level playing field and trying to make it all work has been inviting in the economic development group and the Arts Cambridge group, which again, I thank you all for the support of those endeavors, because you've been behind so much of that. But Louie is somebody who I want to just leave with one word for Louie, which is I think he is one of the primary catalysts for revitalization. He is someone who is revitalizing these... these two squares Harvard Square and Kendall Square. And so when I look forward from where we are today in the scary times, and think about what trait do I most want to see the leaders of our Financial Services or administrative bureaucracy. I mean that in a positive sense, is I want somebody like Louie, he doesn't cut corners. He doesn't do favors. What he does is just try to make it straightforward and deal with things with candor. Even now back to speaking for Tom, even when things don't work out, knowing that you've got a...

Councillor E. Denise Simmons
Thank you for your testimony you have reach for three minutes. If you have your remarks in writing, please leave them in the baskets. Thank you for your testimony. Douglas Altschuler followed by Jim Stockard, and then Rob Belkner.

Douglas Altschuler
Hello, thank you just heard support for Louie DePasquale for keeping the position and city manager. I can't really speak to his work as city manager, but I actually was in the baseball Little League for West Cambridge. And he was the commissioner of that and, you know, although I was pretty young, I just remember the whole program ran really well. And I remember my mother was a coach and I remember when I left for a year, and I didn't come back, he spent extra time to help me figure out which team I needed to go to. And considering that he has such an important job aside from this work as a commissioner for Little League Baseball group, I think it's just shows his character how he's willing to spend so much time to help all these different children have a really great experience together. And yeah, so specifically, from my experience, I think he proves that he's willing to put in as much time as he has plus more to not only help in his specific job, but then just be part of the community all together. And yeah, so thank you for that. And one little thing is like, whatever like he I don't think he was even paid for that position as Commissioner, but definitely like considering how much work he put in he should have been. Anyway, yeah, but thank you so much.

Councillor E. Denise Simmons
And thank you for your testimony. Jim Stockard file by Rob Belkner. Followed by Kevin Donaher.

Jim Stockard
Hello, my name is Jim Stockard, I live at 141 Oxford Street. I want to acknowledge that I first met Louie as the mortal enemy. He was a coach for the East Cambridge All Star Little League team and my son played for the North Cambridge team. So I was started off by being pretty mad at Louie. But it's actually not a bad way to get to know somebody to tell you the truth. Because as I watched Louie coach, I began to observe some things about him. Every kid on that team, the best kid, and the least good kid, got the same kind of attention from Louie. He didn't... there was no status in Louie. He was just a huge supporter of kids. And on top of that, he was really smart. They played really well and they won most of their games and then he went to West Cambridge to run – he still wasn't helping us out in North Cambridge – so I needed to overcome that as I've gotten to know Louie. However, on a professional level, he has done a remarkable job for this city. It is inconceivable that you would find a city manager who knew our city better. I doubt there's a street in the city, he hasn't walked and talked to families on the streets. It's inconceivable that you would find someone who cared more about this city. It's inconceivable that there's somebody with a greater level of integrity than Louie has. And people have already mentioned the bond rating which allows us to do so many things because of our ability to raise money. And finally, as a member of the Affordable Housing Trust Fund, Louie has been a huge supporter of that fund, giving us more money and inspiring our staff and our commissioners to think creatively about how we can do the very difficult task of providing more affordable housing for our citizens. So I hope seriously that you will renegotiate with Louie and find a way for him to extend his service to the city. Thanks

Councillor E. Denise Simmons
And thank you for your testimony. Rob Belkner followed by Kevin Donaher.

Rob Belkner
Thank you very much for this opportunity. I'm here in support of the West Cambridge Little League Orioles, which I am one of the assistant coaches because if Louie's not renewed, he's going to be at the field even more than he already is. And we beat him last year. I don't think we could beat him this year if he's there anymore, which would be hard for him to do because he is there so much. I, you know, I haven't been to a lot of city manager hearings before, but actually, I've never been to any but to hear Louie discuss in the way that he is by all these folks here. I think that's probably unique for a city for a city manager position. This city is wonderful. I was born here. Moved back here 14 years ago to raise my family here. My wife and I wanted to grow up in a city that is – is unique and is inclusive, and is wonderful. Unique is a word I think that people use a lot. And I think in in our city's case, it really sticks. I think everybody here especially you folks here, know that that's why you're here doing what you do. Thank you for doing what you do. Our various universities or our social policies, diverse neighborhoods, diverse neighbors, community programs. It's a special place and to manage a special place like this, you need a special person. And you need somebody who knows the city, who brings the city home with them brings the city to the baseball field with him, brings the city back to work with them. We all know Louie does that. Louie loves the people, the culture. Louie is a gentleman to all whether you're with himor not or negotiating. He's a mentor to many. I've seen it firsthand. And it's a beautiful thing to watch. He's financially solid. He's a financial, he understands financial management. I think we all pretty much understand that.

Rob Belkner
Louie knows the city, the people, the businesses, the schools, the struggle. Louie is the city. And we have a great opportunity to continue this, this wonderful relationship with a man who loves and knows what he does as well as anybody else. I would like to say one thing about fiscal responsibility and sustainable growth. I think that, you know, Louie understands how to move this city forward without sacrificing its greatest resources which is its citizens. And as a middle class citizen who wants to stay here for as long as possible and continue to raise my family, and my family's family, I think Louis gives us a great opportunity for that.

Councillor E. Denise Simmons
Thank you for your testimony. Again if it's in writing please leave it in the basket. Kevin Donaher after which city councillor Saundra Graham.

Kevin Donaher
Hi, my name is Kevin Donaher and I live at 225 Chestnut Street. I'm here to respectfully ask that you do not renew the contract of city manager Louie DePasquale. I first learned about Louie from my work on municipal broadband where despite the majority of the council claiming to support it, it has been blocked from progressing even to a feasibility study entirely due to the ideological beliefs of a single unelected official. Louie believes that Cambridge should be run like a business, tax cuts year after year for the wealthy bosses, austerity for the regular people who live and work here. And like every other Corporation, Louie has been carrying on the Healy administration's record of discrimination. Councillor Simmons recently remarked, I'm tired of hearing the same type of complaints from the same departments coming from city employees year after year, and also that women feel trapped in a toxic environment. The city council has the power to stop Louie and simply chooses not to. I don't recall any candidate running for city council on a platform of tax cuts, austerity and discrimination. But that's what we got by continuing the Healy administration. What's the point of holding elections if all the real power in the city is going to be held by the same unelected authority since 1981.

Councillor E. Denise Simmons
Thank you for your testimony. Councillor Saundra Graham followed by Susan Freitas and then city councillor and former mayor Kenneth Reeves.

Saundra Graham
Good evening, everyone. Nice to be here. been away for a long time. But it's nice to be here tonight. I'm here in really support of Louie. I have been working with Louie over the past couple of years. He has been accessible. As a city councilor, one thing you really love is a person that returns your phone calls. And you don't have to call him three or four times in order to get him on the telephone. I think he's doing a wonderful job. I think he has provided the quality of life that we look forward to in Cambridge, in every neighborhood, not just in one neighborhood but in every neighborhood. The quality of the parks are always kept up so that the children have places to play without drugs paraphernalia all over the place. The schools are getting better. We helped design the schools, we design the king school. We are grateful that there are-- there are buildings in those schools. I think the city has been run very well. I think the city has cash reserves that I would like to get my hands on. But we have it in case of emergency. Our bond rating is very high, and it continues to be high. And that's because you have a city manager that is fiscally responsible for the city. So I'm hoping that you look at his contract and that you say to yourself that this is a man that is qualified to continue to run the city. You know, when I was in the city council, we had a city-- we had a nationwide search for a city manager. And we interviewed probably about six or seven people who came from across the country.

Saundra Graham
And as we interviewed them, we really found out that they didn't understand Cambridge. That they didn't know Cambridge at all. And that some of their responses to questions were not what we wanted. And so we went through that for about four or five months and decided that, hey, we're going to get somebody that knows Cambridge, that has been in Cambridge, that understands Cambridge. And so we hired Jim Sullivan. I just want to say that sometimes it's best to keep who you have if they are qualified and can keep the job, rather than go abroad, and try to find somebody who does not know our city. Thank you.

Councillor E. Denise Simmons
And thank you for your testimony. Susan Freitas, followed by city council and former mayor Kenneth Reeves, followed by Timothy Flaherty.

Susan Freitas
Hi, my name is Susan Freitas. I have a home at 140 Thorndike Street, Cambridge, East Cambridge that is. I have a small business in East Cambridge. I've known Louie DePasquale for over 50 years. And I don't know anybody better for this job. He is the most dedicated person I know. He was born and raised in Cambridge. We all hung around together back in the days and he is a great mentor. He is for the city. I think he eats, sleeps, and drinks it. And Cambridge is his home. It'll always be his home. And he is for the people of Cambridge. And I think he's the best person for this job. Thank you.

Councillor E. Denise Simmons
Thank you for your testimony. Former city councillor, former mayor Kenneth Reeves, followed by Timothy Flaherty, followed by Margaret Drury, former city clerk.

Kenneth Reeves
Good evening, and Good to see you all. I came to speak in support of the contract extension for the current city manager Louie DePasquale. I find it very heartening that the fact of baseball and the many metaphors from baseball that describe Louie because while I've known him over 40 years, I think I met his real essence in the midst of Little League baseball and to see his utter devotion to the children of Cambridge, particularly those in his church and his support and nurturing of them. It makes you understand that he does understand the core of the city and the true qualifications for city manager of Cambridge is the love of Cambridge. And he has that in spades. I assure you that but he also-- I met him in another context when – you all won't believe this but it was sometime when they didn’t elect the mayor on time – and as the senior member of the Council, I was in that position often longer than a month. And I would have to represent that office in one time interviewing for a city position that had a lot to do with children and, and we had a very good and diverse pool. And the oddest thing is that there were people in the pool who were clearly unqualified, but were somehow in the pool due to connections they had with some of us, and in the pool was an African American woman who was the exceptional candidate but was having a hard time in this pool. But luckily Louie knew her and her son from little league and for one of the few times in Cambridge during my service, I was in a battle with somebody who I knew what-- knew what war this was and what we must do. Now unfortunately, suddenly we've got a mayor and I was bounced out of that and they did not hire that woman. But it was the context that I remember back to so richly that I felt Louie was an ally and understanding that in this circle, something that shouldn't happen won't happen. It will happen unless we're vigilant. It happened anyway. So yet we are not saved in that story. I really think though, we need Louie. If you want new management, begin now to look around the country. But as former rep, former Councillor Graham said, when I first sat in this circle, I believe our city manager, the new one would be from Santa Monica or some other hip city. By the time I left here, I fully realized that the love of Cambridge is the only qualification and that more than likely, it's got to be somebody who understands how complex and peculiar. Thank you. I absolutely appreciate. I strongly support Louie.

Councillor E. Denise Simmons
Thank you. Okay, Tim Flaherty, followed by our former city clerk Margaret Drury, followed by Patrick Barrett.

Tim Flaherty
Good afternoon. My name is Timothy Flaherty. I'm an attorney. I live at 103 Fresh Pond Park with my wife, Lisa and my son, Timothy. And as I was sitting here thinking about, and listening to everyone else, I realized my son Timothy is the – represents the fifth generation of my family in Cambridge. And it's very hard to believe that my family's lived in Cambridge for that long. It's equally as difficult for me to believe that I didn't know Louie DePasquale. I knew of him but I didn't know him. I didn't play baseball for him. I never interacted with him. Until recently, in the last couple of years, professionally, I interacted with him. And when I did, I found out exactly how talented he is, how bright he is, how encyclopedic his knowledge is, his historical and institutional background, the City of Cambridge is unparalleled. He knows every department, every street, he knows everything there is, every facet of city government. And when I think of cities, I think of people. That's really what it is. And I think of how Louie interacts with the families and the kids and my own son at the Tobin fields with little league baseball. And it's easy to forget, I think sometimes we live in a world class city, this is the Paris of America. It's easy to forget, because we're all used to Harvard and MIT and you know, the culture and-- and just the incredible resources in Cambridge. But I think it's also easy to forget that none of this happens by accident without a strong city manager as somebody who runs the city the way Louie does, and he does it with a mind of Cambridge is about people. And he does everything he can to support how people live in the city, how families live in the city. And it's easy to forget that, and it's I think of other city managers because I have through my practice and opportunity to interact with municipal officials all across Massachusetts. And as I think of Louie, and I'm referring to the city manager of Cambridge by his first name, Louie, that in itself is unique. When I think of how more talented and collaborative and inclusive and thoughtful and dignified Mr. DePasquale is, as compared to all of the others that I deal with on a daily basis across Massachusetts, it's easy to forget how good we have it. He's outstanding. And I would ask you all to really, really consider how lucky we are to have him and to renew his contract, because the City of Cambridge is about people who live here, and he does an extraordinary job, making sure that all of our lives are better. So I want to thank him for his service. And thank you for your time.

Councillor E. Denise Simmons
Thank you for your testimony. Margaret Drury, former city clerk, followed by Patrick Barrett, followed by Lee Ferris.

Margaret Drury
Good evening, Margaret Drury, 1 Dudley Court Cambridge, Massachusetts. I support the extension of city manager DePasquale's contract. During his tenure, Cambridge has been a very well managed and innovative city. The hallmarks of a successful municipality are the development and maintenance of a professional and competent administrative staff and workforce and the allocation of city resources to manage that work in accordance with the priorities set by the majority vote of the legislative body. Our department heads are professional and knowledgeable in their fields and our city manager is adept at managing the city's resources in accordance with the priorities of the city council a difficult tasks in the best of times, due to the fact that while the constituencies of the nine constituencies of the nine members of the legislative body overlap, they are by no means identical. Mr. DePasquale – Louie – does not seek to make policy for the city, which is the job of the Council. But when the council has voted to adopt a particular policy, he works very hard to implement the policy. If I were more cognizant with baseball statistics, I would give him a very high batting score for the level of his achievement of this goal. Louie’s management both fiscal and administrative has enabled the city council to provide resources for the many services and programs that benefit all of our residents. Over the last 30 years that I worked for the City of Cambridge, beginning at the Cambridge Rent Control Board, I have had the opportunity to observe Louie strong support for affordable housing. And as the city manager, he has overseen a dramatic increase in the city's funding for affordable housing. He's also supported increased funding for the Cambridge public schools, including the building and renovation of our aging schools. He has supported the city's increased focus on sustainability, and he has provided support for ongoing and new human services that are so essential to the most vulnerable members of our community. The many accomplishments achieved during his tenure are truly impressive, and represent the city manager's successful management and allocation of resources for an extraordinary array of city council priorities that have benefited Cambridge. And last but not least, like everyone before me, I have to mention Louie's deep love for and knowledge of the City of Cambridge, and humanity's desire to use the resources to benefit the entire community. Thank you.

Councillor E. Denise Simmons
Thank you very much. Patrick Barrett, followed by Lee Ferris, followed by Heather Hoffman.

Patrick Barrett
Thank you, Councillor Simmons. My name is Patrick Barrett. I'm here to say a couple of things. One, going through this political exercise of jockeying to figure out whether or not we're gonna extend the city manager's contract to me seems like a colossal waste of time. You should renew it. You should do it right now. You should let him get back to work and deal with the massive crisis that we're facing right now instead of going through this yet again – because I remember going through it with Rich Rossi and it was annoying then, it's annoying now. Spend the time figuring out – because Louie's not gonna be here forever – who is going to be manager after Louie. What kind of city we want after Louie – because Louie by himself is, you know, just the manager. There's a whole team of people behind him. A whole team of people that when he goes they go, and you need to think about how the city is structured and how the city works. I didn't want to come up here because quite frankly, I shouldn't be up here. None of us should be up here right now. The crisis that's currently out there is way worse than I think anyone here realizes. However, I would ask that the council renew Louie's contract, let him get back to work, spend the next year putting together what you guys want for a city manager for the city. Because I swear if you guys spend anything time going over the political nonsense that you guys went through with Rossi before, it makes you just look terrible. And we don't need it right now, we really don't. And it's not hysteria, and that's not theatrics. It's just reality. You're not -- you're going to renew his contract. So just do it. And then think about how you want the city departments to be run. The license commission sent out an email to all my businesses. It's reprehensible. That's a problem. Let's work on it. CDD, you know, they need work, lots of work, but you're not going to solve it all right now. So resolve yourselves to fix these problems incrementally, systematically, not to go through some nonsense about whether or not we're going to hire Louie. Louie is awesome. I like him a lot. You should hire him. And then think about what happens afterwards, but not -- don't do it now. Thank you.

Councillor E. Denise Simmons
Thank you for your testimony, Lee Ferris, followed by Heather Hoffman, followed by Reverend Ellis Washington.

Lee Ferris
Good evening councillors. And thanks for your attention to this matter. I'm Lee Farris, 269 Norfolk street, and I'm speaking today for the Cambridge Residents Alliance. Many people today have mentioned the city manager's accomplishments. However, before the council decides on whether to extend the manager's contract, the Residents Alliance asks that the council decide on a process to evaluate the manager. And I have to say I don't think I've seen a good process, or in most cases, any process for the council to evaluate the manager. So starting now, when you have a manager that a lot people think is doing something good, is good for the council to do. Initially, the council could evaluate the manager using the most recent council goals, including some criteria for success, and also requiring a means for public input. Longer term, the council should design a more comprehensive evaluation as is done with the school superintendent, and that evaluation should address the results that can be accomplished and a wide range of leadership skills that should be demonstrated. For that to work, we ask that the council adopt after getting public input an organizational vision mission goals and objectives that can be objectively tracked to determine progress. We also recommend that the city manager complete a self-evaluation. In addition to working on the initial evaluation of the manager and designing a comprehensive manager evaluation, we asked that the council establish a process and timing for a National City Manager search and hiring process. That process should include a national salary survey. At a recent public meeting of the Cambridge Residents Alliance, many residents expressed dissatisfaction with the lack of evaluation of the manager by the Council, and expressed concerns about specific aspect of the manager’s performance. For example, residents were unhappy that there were a number of issues where the manager had not responded to the council's repeated policy orders. And you heard about those at the prior meeting of this committee. Residents also expressed dissatisfaction with the development model that this and prior managers have used, which includes granting permits for substantial commercial development in order to generate tax revenue. So a comprehensive evaluation as the manager and planning on how to hire the next manager would benefit our city. And I hope that you will work on that as soon as possible. Thank you.

Councillor E. Denise Simmons
And thank you for your testimony. Heather Hoffman, followed by Reverend Ellis Washington. After which we have Mike Nakagawa.

Heather Hoffman
Hello, Heather Hoffman, 213 Hurley Street. I want to start out by expressing my disappointment that we're having this meeting at all. We shouldn't be meeting. Patrick Barrett’s right, this is a crisis and we're not taking it seriously. That being said, when I say that I live in the center of the ATM that makes that triple A bond rating possible. And what I see around me is families leaving because the overdevelopment in my neighborhood is making it unlivable. And we are doing nothing to increase the supply of homes – not people warehouses – homes in this city. Why are values going up? Because we don't have more homes; we have more and more and more people working here. We build more and more and more commercial development. But we don't build homes. What we build is the functional equivalent of extended stay motels, places with six-month leases. If you ask the developers of all these big apartment buildings, what they expect their annual turnover to be, every last one of them will say 50 to 100%. We are not getting neighbors. We're getting people who are passing through that does not create the community that this city needs to remain the place that I personally want to live in for the rest of my life. The place -- what we are turning into is a place that my husband wants to leave. That my neighbors want to leave. That we know that we are losing people. We've -- people have talked about the statistics of people of color leaving. We are not doing this right.

Heather Hoffman
And I believe that we need to find a city manager who looks to our future, who looks to create community. Not someone who sees his job as primarily collecting taxes. Collecting taxes is a fine thing. But if you have no vision for what to do with them, then you've missed a huge part of the job. Why is it that we had this huge problem over Eversource, not just in my neighborhood, but in Cambridgeport as well? Because the city hasn't planned. And when in the Envision process they were asked about talking about energy, they were told “no, you may not.” Imagine where that must have come from. Because it didn't come from the vision of the consultant.

Councillor E. Denise Simmons
Thank you for your testimony.

Heather Hoffman

Thank you.

Councillor E. Denise Simmons
We have Reverend Ellis Washington, there are three other people that are signed up. If you're interested in speaking on the record, there are index cards at the table, just fill them out, and the clerk will come pick them up. So there's anyone that speak wants to speak on the record, please fill out one of these index cards and the Clerk can pick it up past the Washington,

Reverend Ellis Washington
Thank you for the ability to address you on this issue and I rise to support the extension of the contract for Mr. Louie DePasquale. I am Pastor Ellis Washington of the St. Paul AME Church, 37 and 85 Bishop Allen drive. And although I've been pastor of St. Paul now going into my seventh year, I realize that is relatively short compared to some of the persons I've heard speak, who have lived here all their life. But I will say that it is been a joy getting to know Mr. DePasquale, especially over the last few years, I've been honored to serve as a member of the City Manager's Advisory Council. I've had a chance to get to know him, better watch him work, get a feel for his leadership for his heart, which I believe is truly at the center of Cambridge. He loves not only the city, and as you've heard others say he knows the city, inside and out. But I also want to say that he's someone that I trust as someone who has a heart in the right place for doing what is right for everyone, to the best of his ability, in the city. I trust him as it regards to issues of affordable housing and working towards those issues. And I trust him as someone who not only leads with humility, but is responsive to the needs of persons in the community. And so with that, I would just simply urge that we extend the contract of Mr. DePasquale. Thank you.

Councillor E. Denise Simmons
Thank you for your testimony. Mike Nakagawa followed by Dennis Benzan, then James Williamson.

Mike Nakagawa
Hello. Mike Nakagawa 51 Madison Avenue. I just like to start by saying that I agree with what Heather Hoffman had said except change the neighborhood to Alewife, and I've lost my spouse to cancer. So that part didn't apply either. On my personal comments on-- I think Louie has done well fiscally for the city. But it comes from an older time in the 70s or 80s, early 80s, when the city was struggling and getting businesses to come has been what has built the city to be as desirable as it is now. But I believe the times have changed and he's too conservative for the current conditions. The commercial growth has made much more demand for housing than we can keep up with, with all the jobs we've created. And there are no signs of it stopping. I think we could do more by looking at what getting things from the commercial basis. I just moved in started this week at Cambridge Crossing as one of the first commercial tenants there, and I'm watching all the foundations go out surrounding the building there. Louie has advertised every year how low our property taxes are just year after year, but then we don't have the money in the budget for more affordable housing projects or just or support for low income housing. We can't afford more traffic patrol officers or enough CDD staff to handle the workload that they have, which is just incredible. As part of the climate resilience zoning Task Force, I don't see enough priority for our climate crisis. I don't see him as pushing that widely. And citywide broadband has been on the table for a long time. If we renew his contract as I fully expect, I think we should make some goals and review them and start a process as the basis for what will come later. Maybe we can hire him as a consultant for part of the time so you can mentor the next city manager and take that energy but let someone grow into their role. We knew that the end of his contract would be coming actually multiple times, we have not made a succession plan except what appears to be fourth in the line of the Healy -- I don't know what you want to call it. But I would like to see more diversity in the power structure of the chief officers of the executive branches of our federal, state, and municipal levels and this is one place we could start. Thank you.

Councillor E. Denise Simmons
And thank you for your testimony. Dennis Benzan, followed by James Williamson.

Dennis Benzan
Good evening, Madam Chair, council members. My name is Dennis Benzan. I reside at 1 Pine Street in Cambridge. I want to thank all the speakers that came before me. Rob was actually my son's coach, and my son got a chance to play in that game last year against Louie in a championship. So, you know, I really want to just thank everyone for all the great comments around Louie. I'm here today to support renewing manager DePasquale’s contract. I came to know Louie first as a director of the Mayors summer youth employment program back in 1993 through 1996. It was the time when I fought to grow the program from about 350 youth workers to 550 youth workers. It was up to Louie as the city's finance leader to figure out how to fund it. And he did. He understood that our youth are partly shaped early by employment experiences. And so Louie did his best to find the money to grow the program. I later had the opportunity to work closely with Louie when I served as vice mayor and co chair of the ordinance committee and Subcommittee on economic development, here in these chambers. During my tenure, as many of you know, I fought for affordable housing, support for the opioid addiction, the arts and science, technology, education, arts and mathematics education. In particular, for the utilization of the foundry building, as a steam workforce training site. Whether it was helping me understand the financial implications of new development or finding money to help save expiring use buildings, or find money to support our first city supported Latino festival at University Park, or to help find money to help beautify central square, Louie was always willing to find a way to financially support these efforts. Today I serve with Louie on the CHA board, where I have witnessed firsthand his commitment to our immigrant community and those often served by a health care system. Louie is someone that has mastered the ability to find a balance between being fiscally responsible on the one hand, and serving the most in need on the other hand. This is the ability to bounce social and economic justice with fiscal responsibility. It’s one of the -- one of the key characteristics of some of the best leaders, municipal leaders. Louie's one of them. So when I hear members of this council suggest that we need a new city manager because our current city manager does not have enough social economic justice in him, I want you to look in the mirror. And I want you to ask yourself: “Have I really been socially, socially and economically just myself? And for how long?” I'm bothered by those of you in these chambers that often question others for not having enough social justice. When leaders like Louie have exemplified social and economic justice for much of their life. He's the one that he's walking through Central Square--

Councillor E. Denise Simmons
Two things. You have come to the end of your time, and I failed to introduce you appropriately as the former vice mayor and city councilor on the city council. So please accept my apologies for not doing that for you. But I would have to respectfully ask you to yield the floor.

Dennis Benzan
Okay. just 10 seconds?

Councillor E. Denise Simmons
Do I have unanimous consent for 10 seconds plus one. That's 11.

Dennis Benzan
Thank you. I appreciate it Madam Chair. I just want to end by just saying this. I'm a business owner in Central Square. Our city’s about to face one of the most important and critical challenges in the history of this city. I ask you guys to focus your attention on the challenges that lie ahead. Louie is someone that could help lead us through these challenges. What we're about to see in the city is something that we probably have never seen in the history of this city. So I ask you to go with stability and go with somebody that really knows our city. And let's not waste any time. Thank you.

Councillor E. Denise Simmons
And thank you for your testimony. James Williamson?

James Williamson
Thank you. First of all, I'd like to ask that the Department of Cambridge's Department of Public Health be asked to remove – they are the principal website that is providing information on the virus and I would ask--

Councillor E. Denise Simmons
That's not before us this evening.

James Williamson
Okay. I would like to ask why the city manager has perhaps not been more attentive to the fact that the principal place for information linked from the website has this grotesque image of the actual molecule of the virus, which is not reassuring, which is kind of scary--

Councillor E. Denise Simmons
I am going to help guide you a bit. We're speaking to the extension, could you keep your--

James Williamson
I thought it was important enough, given the fact that we have this pandemic, to bring this to the attention of people in the government and in the government, including the manager. So I'm going to go out on a limb and predict that the manager’s contract will be extended. I do think there might be a question about MIT's favorite phrase: you can't manage what you don't measure. And I wonder if there are metrics for measuring the performance of city managers and if there were what they would look like, and I'm not convinced they exist or that it would be necessarily very easy to come up with any. I just want to point out some areas where I've been disappointed. Somebody said earlier that it's the little things that matter. I think some people seem to get their concerns addressed and other people don't. On Sunday, the Number 1 bus is going to no longer make the stops around Harvard Yard. It is going to turn down Dunster Street. I would like – I wish that the city administration and the management had done a better job advocating for those of us who don't have cars, which is what we're all supposed to be doing and rely on the bus service, which is no longer going to exist in the name of supposedly reducing the travel time by two minutes.

Councillor E. Denise Simmons
Mr. Williamson, please stay on the subject of the city manager.

James Williamson
I'm talking about issues of – people talked about baseball here. And I'm talking about –

Councillor E. Denise Simmons
In the context of the manager –

James Williamson
Yes, and I am talking about the city manager's role in sticking up for and giving voice to the concerns of the people who live in this city, I think some of my observations are actually more relevant than some of the things that have been allowed to be said by others. I'm concerned, I have concerns that I think have gone unaddressed by the city manager. So is it alright if I talk about some of those concerns or not? Okay, so not being able to take the bus anymore at stops that I've been relying on for years, is a concern. Not getting protection as a pedestrian walking along a supposedly shared path. These are issues that I've actually sat down with, and met with the manager and discussed and hoped for these concerns being addressed. The shared pathways, supposedly shared pathways out where I live. You were interrupting me, and I think maybe I could get a little bit of a consideration for the fact that you were interrupting --

Councillor E. Denise Simmons
With the council's consent, you have 10 more seconds.

James Williamson
Ten more seconds well, and this is a democratic process, that we're all supposed to be touting how wonderful it is. I’d just like the opportunity to speak to a few areas where I think there's been some failures. And that has to do with pedestrian safety out where I live where I don't even want to walk to the T station anymore because of the way people race their bikes through the supposedly shared path. Couldn't something be done about that? Nothing's been done. Couldn't something be done to train the lifeguards to be able to keep the DCR pool open for the two weeks that it's now being shut when $15 million can be found to pay members of the Shocket family to sustain affordable units.

Councillor E. Denise Simmons
Thank you so much for your testimony.

James Williamson
I, I there's a couple things that I would have liked to have said but this is obviously not a hospitable environment for people to be able to speak about their concerns.

Councillor E. Denise Simmons
Is there anyone who would like to speak on the record before we close public comment, please come forward. Is there anyone that would like to speak on the record before we close public comment? Seeing none, pleasure of the committee. On a motion by Councillor McGovern to close public comment, all those in favor say aye. Aye. Opposed? The ayes have it have a comment is now closed. As I said--

Councillor Quinton Zondervan
Point of order, Madam Chair, we should do a roll call.

Councillor E. Denise Simmons
Oh, thank you. I forgot you were here. Roll call please Mr. Clerk.

Anthony Wilson, City Clerk
On closing public comment Councillor McGovern?

Councillor McGovern
Yes.

Anthony Wilson, City Clerk
Councillor Sobrinho-Wheeler?

Councillor Jivan Sobrinho-Wheeler
Yes.

Anthony Wilson, City Clerk
Yes. Councillor Toomey?

Councillor Toomey
Yes.

Anthony Wilson, City Clerk
Yes. Councillor Zondervan?

Councillor Quinton Zondervan
Yes.

Anthony Wilson, City Clerk
Yes. Councillor Simmons?

Councillor E. Denise Simmons
Yes.

Anthony Wilson, City Clerk
Motion passes. Five in favor, zero against.

Councillor E. Denise Simmons
Thank you. With the roll call vote, and my apologies to you Councillor Zondervan, Public Comment is now closed. As I mentioned earlier in the meeting, just for people's, anyone who has any health concerns, please do not feel as though you have to sit through the rest of the meeting. We'd like to encourage you to go to your place where you feel most – more safe. But I am not going to discourage you to stay if it is your will. That being said, so at our last meeting of the government operations, claims-- and claims, a couple of things came up we took them as suggestions, I came up on the agenda. There was a discussion around evaluation, there was discussion around goals, and there was discussion about having a process in this process if I understood it correctly, that we would talk about what we're doing in context of our current city manager, while we looked for a new city manager—or put a process together. And I had said that I-- what I would do is I would look all those suggestions over, which I did, and come back with a suggestion of a process. So let me just say for you, my thoughts, and then we will open the floor and I hope that we will be able to take a few votes. And again, in the interest of people's health and safety, I would hope that we could do this in such a way we don't keep people very long.

Councillor E. Denise Simmons
On the subject of evaluation, it did come up that the council did not formally evaluate the city manager. And so when I looked over the records, there was-- that the government operations and claims committee, which is given that charge, did not call a meeting to ask for a public or full evaluation of the city manager. In the city manager's contract, it does say part 2.3, "The city council shall review and evaluate the performance of the city manager at meetings scheduled by the government operations rules and claims committee of the city council. Said review and evaluation shall be done in accordance with Massachusetts General law 30A chapter 18-25." So it was the responsibility of the government operations rules and claims committee to have that evaluation, it did not happen. However, I do want for the record and I will give this-- I can give this to our clerk, I do have a letter where the city manager did reach out to the members of the city council and said, “Since becoming city manager I've met with City Councilors and listened carefully to the collective feedback that they've shared with me. I’ve work hard to be responsive to the advice provided to me I believe that giving and receiving honest feedback is the foundation of a positive relationship between our city manager and the City Council. If you're interested in meeting with me please contact Stacey Cooper, cc’d above, to schedule a time.” And then as a part of this letter, there were 12 opportunities to meet with him. But it also said, “if none of these times work for you, please give me a call through my executive assistant and I will accommodate that.” So I just want to, for the record say, that although the government operations rules and claims committee did not call for an evaluation, the city manager on his own ability reached out to each city councillor and said, I want to sit down and go over my work performance with you. So, I want to clear the air about the fact that there was no evaluation of the city manager. There was an evaluation of the city manager. There wasn't one under government operations rules and the claims committee. I take that as the faux pas of the council and not of the city manager. The next item that came before as a suggestion was around the goals. And I did sit down and talk with the clerk just to see where we were at, what goals that we might be considering.

Councillor E. Denise Simmons
And the record shows that the goals that this council is operating under are the 2017-2018 goals, because the government operations claims and rules committee did not take up the goals of the city council in that term. And so just so people know that the goals that we're working under are the 17/18 goals. And where I think it is extraordinarily important that we have goals, a sense of purpose and a sense of direction, I just do think that one of the things that the council should do outside of the city manager's discussion on his extension, it should not be in this context. And then the last thing I thought was very important was a conversation about looking for a new city manager. So either in two years or in four years, we will be looking for a new city manager. And I think that it is important that we have a process through which that we look to decide what that process is. I do believe that that process is different than of negotiating, or having a discussion around what goes on with our current city manager. So where I agree that there should be a process, I don't think these two are the same. I think one is about an extension. And the other is about who that new city manager may be. And I think that it is imprudent upon this council to look at that and talk about that and have a process through which we have that discussion. But I do not think it is appropriate to have it in this context.

Councillor E. Denise Simmons
So what I am putting forward to you this evening is the following: that the government operations committee has now formally received the request from Louie A. DePasquale [sic] decided to enter into discussions to extend his contract as city manager. I see that as the first step. And that's what we are now. His letter is here, we've accepted. I am going to ask that there is a motion that I, as the chair of the government operations committee, be authorized to have a discussion with Mr. DePasquale regarding that request. The third step would be after that discussion, I would schedule an executive session to discuss strategies regarding this. The fourth step would be that we as the participants go into Executive Session to agree to negotiate an extension. And then the next step would be to hold the negotiations. And if those negotiations are successful, that would lead to Step five, which is that the government operations committee would then forward a recommendation to the full City Council for voting upon. Those are my suggestions and so with that, I open the floor for discussion.

Councillor Timothy Toomey
Madam Chair for purposes of discussion, I would move to a vote of the government operations committee to authorize the chair, Councillor Simmons, to enter into negotiations with the city manager in terms of the process that you just laid out. And to move forward with that.

Councillor E. Denise Simmons
Thank you, Councillor Toomey. There is a motion before the committee to authorize the chair to be authorized to have a discussion with Mr. DePasquale regarding this request. Discussion.

Councillor Jivan Sobrinho-Wheeler
Yes, thank you, Madam Chair. And I would-- picking back up the point about the evaluation which is in the city's--

Councillor E. Denise Simmons
Councillor Sobrinho-Wheeler, we're using new technology, and so I just want to urge you to slow down a little bit so that your testimony is picked up.

Councillor Jivan Sobrinho-Wheeler
Sure. Thank you. And, as you noted in the city manager's contract, section 2.3, it says the city council shall review and evaluate the performance of the city manager at meetings scheduled by the government operations rules and claims committee of the city council. And that also, those meetings- - said review and evaluation shall be done in accordance with the Open Meeting laws. As you noted, we haven't had those meetings and you pointed out that the city manager reached out to Councillors and that isn't the same thing as having an open evaluation process. And those meetings were off the record. They weren't done in accordance with Open Meeting Law. And I would suggest that to move forward without conducting an evaluation would be in violation of the contract, and therefore in violation of the city's charter, which puts in the council to hire the city manager. I would like to see a written evaluation done beforehand with input of each of the different Councillors. The city manager is the most important person in carrying out the council's goals on a lot of different aspects; municipal broadband, transit, affordable housing. Evaluation is also important because the city manager is the most powerful person in Cambridge City government, and our neighbors in Somerville and in Boston, that would be the mayor. In Cambridge, that's not the case. It's the city manager who isn't directly elected by the public. And I think it's our duty as the council to have a formal evaluation that's public so that councillors know-- So the public knows how Councillors stand on the city manager. And I'd like to see the evaluation before we move forward with the contract extension. And I also don't think it's appropriate to make an important decision at this time, given the COVID-19 outbreak. There were a number of folks who didn't come tonight because of fear of being in open spaces. I know the solicitor is working on looking at Open Meeting Law and the potential to have public input and public meetings of the council at a way that complies with Open Meeting Law that maybe doesn't necessitate being here in person. I would like to see this take place before we move forward. Thank you.

Councillor E. Denise Simmons
Thank you. Further discussion.

Councillor Quinton Zondervan
Madam Chair.

Councillor E. Denise Simmons
Councillor Zondervan and then we'll hear from Councillor McGovern. Councillor Zondervan you have the floor.

Councillor Quinton Zondervan
Thank you, Madam Chair, I first of all want to affirm the comments by my colleagues who just spoke: I don't think we should even be having this meeting, given the seriousness of the crisis that we're dealing with. And I think it speaks to the question before us how this crisis has been handled thus far, and how it's being handled going forward. I think we have failed to prepare for this crisis, and it’s continuing to not prepare properly for what we are facing. I think that's a serious concern. And in terms of the process, the motion that you've proposed, I completely agree with my colleague that it would be inappropriate to proceed in that manner, without having an evaluation of the city manager's contract. And the evaluation will take place in the context of the goals set by the previous Council, I believe you meant to say that we are operating under the 2016-2017 goals because we did not set different goals in the 2018-2019 term. And we've also not set different goals in the current term thus far. And so, again, I don't think we can proceed in the way that you propose. I think the correct way to proceed is to conduct an evaluation of the manager's performance. We furthermore have the better part of a year to complete this process. So there's no particular need to move in this way. And our attention should rightly be focused on dealing with the coronavirus crisis, as was pointed out during public comments by my colleagues, and not on conducting this particular process right now.

Councillor E. Denise Simmons
Thank you for your remarks. Do you yield the floor councillor?

Councillor Quinton Zondervan
Yes, one more thing. We also are dealing with a gender discrimination lawsuit, which I also think is relevant and should be discussed in the context of this particular contract.

Councillor E. Denise Simmons
Thank you, councilor. And Councillor Zondervan having yielded the floor, I will now give the floor over to Councillor McGovern.

Councillor Marc McGovern
Thank you, Madam Chair. [sic] Just to make sure I understand correctly. The motion is to allow you just to enter into conversations with the city manager about an extension. We are not-- we are not approving an extension, at this point. We are not voting to extend his contract, at this point. In order for you to even begin to have those conversations with him, you need authorization in which to do that. Is that correct?

Councillor E. Denise Simmons
Yes, that is correct councillor.

Councillor Marc McGovern
So, you know--

Councillor Quinton Zondervan
Point of order, Madam Chair.

Councillor E. Denise Simmons
Please state, please, please state your point of order, councillor.

Councillor Quinton Zondervan
I don't believe that was a correct summary of the motion. The motion outlined five or six different steps, beginning with you having a conversation with the manager.

Councillor E. Denise Simmons
I don't believe that's a point of order councilor, and I give the floor back to Councillor McGovern.

Councillor Marc McGovern
So I think then, maybe I was confused. I thought that you were listing out the potential steps of the process, but the initial step or the initial motion was to allow you to start that process. Am I incorrect in thinking that -- hearing it that way?

Councillor E. Denise Simmons
To respond to you, Councillor: the motion that I was calling for was to get the chair-- the chair be authorized to have a discussion with Mr. DePasquale regarding his request.

Councillor Marc McGovern
Okay. So all we're doing tonight is giving you permission to start a conversation about his request for an extension. That I think is appropriate, it moves the conversation forward. It doesn't guarantee that an extension is going to be given, it doesn't guarantee that we can't take other steps in the meantime, but it allows you to start a conversation. And I apologize for not having either my computer or the contract right in front of me, but I do want to clarify one thing. Councillor Zondervan mentioned that we have a year or maybe he said over a year, I thought we had to let the manager know by September of this year, about whether or not we were extending his contract. So it is not-- am I correct in that [sic].

Councillor E. Denise Simmons
To your point, I believe I'm reading the right section, Section three, "The Term", 3.4 reads as follows: "If the city intends to continue meet Mr. DePasquale employment beyond January 8, 2021. It shall give written notice to Mr. DePasquale on or before September 14, 2020."

Councillor Marc McGovern
Okay, so we don't have a year to do this. We have until September 14, 2020. So I just wanted to make sure I was correct on that. You know, you asked to keep messages, you know, comments brief, so I will. So I'm not going to get into why I think it's appropriate to extend Mr. DePasquale's contract for two years. You know, I think it's very easy to focus on the things that we're not happy with. You know, we heard broadband mentioned a couple times. I'm not happy with that either. But yet, I don't know quite where we started believing that we have to be happy about everything that somebody does in order to have them continue to be employed with the city. You know, when you look at-- when I-- and we heard comments about, and I mean no disrespect to former city manager Healy, but when we hear comments about Mr. DePasquale is just an extension of city manager Healy, and although I didn't serve with city manager Healy, I can pretty much guarantee you haven't been around at that time, when I look at the surveillance ordinance, first of its kind in the country that we passed, the facial recognition ordinance, not the first but one of the first, the bike infrastructure ordinance, the first of its kind in the country. Mr. DePasquale went into those conversations at—you know, timid on some not sure where he stood, against some of them, and was able to sit down with constituents, with stakeholders to discuss and work out a compromise, to work out and change his opinion. And you know, that is something we didn't see in the past. So I don't make that—just because someone happened to work in City Hall when Mr. Healy was here doesn't mean that that person is Mr. Healy.

Councillor Marc McGovern
You know, and-- and that's not a knock on Mr. Healy. There are a lot of good things Mr. Healey did. So I think-- but beyond that, beyond my feeling that I think the manager has earned a two year extension, I do think I've been part of a few national searches. When we do them, we often hear from a lot of the same people we're hearing from tonight that they've gone too fast, they've been too rushed. There wasn't enough input, having a two year-- an ability over two year extension to actually plan a community process where we can really think about and have time to talk about what we want to see in the next city manager is actually something I think would be a great benefit to the city. And so for those two reasons, I'm-- I am happy to move this forward and to vote to, again, only allow you to begin conversations and that does not guarantee anything. I'm only one person here, but I just felt I had to respond to some of the things that we heard today. You know, I am not-- I am not in agreement with the city manager on every decision, nor should I expect to be, but he is open. He is flexible. He communicates. He is willing to look at things from all perspectives. He is willing to compromise. He is willing to collaborate. And those are all very positive things. Thank you, Madam Chair.

Councillor E. Denise Simmons
Thank you, Councillor McGovern. Do you yield the floor?

Councillor Jivan Sobrinho-Wheeler
Point of information.

Councillor E. Denise Simmons
Please, please state your point of information

Councillor Jivan Sobrinho-Wheeler
In the motion that the chair made, would the negotiations with the city manager just be between the chair and the city manager? Would they be the government operations committee as a whole?

Councillor E. Denise Simmons
Just the chair.

Councillor Jivan Sobrinho-Wheeler
Is it possible to amend the motion to include the government operations committee?

Councillor E. Denise Simmons
You can but-- I would have to-- I am going to recognize my colleague that has asked to have the floor before you, and then we can come back to you. Councillor Nolan.

Councillor Patricia Nolan
Sorry, I didn't hear you. Thank you, Chair Simmons. I'm not a voting member of this committee. So I won't be able to vote on anything that's coming before us. And I also appreciate that you recognized me so that I could respond a little bit. I also appreciate the research you did on the couple of questions that were raised at the last one, notably on the evaluation and the question of goals. And on the evaluation: it is unfortunate that the prior Committee, which I believe was perhaps not your committee, did not convene to look at an evaluation. As you may remember, it happened a couple times when I served on school committee and it was not good. It's never positive for a body to not do its job. And that's part of our job, as you pointed out, that is not something that it was only on the city manager, it really was on the council to do. That being said, if this goes forward to have a discussion, it's not too late to do a very quick evaluation in the next month even of the city manager, which I as a council member would like to be able to, to contribute to. So I understand that it didn't happen in the past, we can't change that. What we can do as a body is to use-- there are several existing city manager evaluation forms, or even if it's just a very simple form of here are the goals that as you also pointed out, while they’re from 17-18, they’re at least our operating goals because we haven't, as a body included any others, have the city manager do a self evaluation and then even if it is just strengths and weaknesses, here's your goals, it seems to me it would make the process more complete as we move forward and that does not have to extend out. And I would definitely say it should not extend out for many, many months, even if we have till September, whatever this decision is made, it should not wait until September, in my view, because that would put us in a position of having only a few months, if, depending on where this was going. But again, I really believe and I, I can I know I've probably have a couple of my files of city manager kind of evaluation, just a very quick form, I encourage us and encourage you, as chair to consider just over the next month to ensure that that is-- we are following the contract that all of us have a chance-- and we and it's good for the city manager. This is-- evaluations are really positives about how it is that positive work was done and to really sit back and summarize. And on the question moving forward, it seems like you've laid out the steps again, I don't have a say in that. I do think they're-- this city manager has done a lot of really positive things for the city, and there's also some questions people have and that's where I sit and that I really actually want to benefit from hearing from all my colleagues and talking to people around the city about their sense of it, because it will be a very important vote that I will take and I right now, I'm not sure how I would vote because I feel like I need more information. Thank you so much.

Councillor E. Denise Simmons
And thank you for your testimony. You're yielding the floor? Councillor Sobrinho-Wheeler.

Councillor Jivan Sobrinho-Wheeler
Thank you. Yeah, I would make a move to amend the motion to include the full government operations committee in that contract extension discussions.

Councillor E. Denise Simmons
Is there any discussion on the amendment? Councillor McGovern

Councillor Marc McGovern
Madam Chair? Is there any-- having not been part of this previously-- Actually, I was but very early on. What's the precedent? How does this usually go?

Councillor E. Denise Simmons
Thank you for raising that. So best practice recommends or suggests that the chair or the government operations, whoever that person may be, is the lead individual that has the discussion. And so please take the idea of a discussion that launches this conversation, one that opens up a process and does not close it out. It is so usually the best practice and I had an opportunity to talk to several people about this, that have done it as part of the job, this is this is the standard, is to first have a conversation, and then come back to the committee based-- with what comes out of that discussion. But again, it is just a conversation.

Councillor Marc McGovern
And Madam Chair and I believe-- I believe that on the school committee, it was similar. It wasn't when-- there wasn't a government operations-- wasn't that title. I believe it was the vice chair that would initiate conversations and then we would meet an executive session to discuss with the full-- with the full committee. I think if my memory serves me which--

Councillor E. Denise Simmons
I think you're absolutely right Councillor McGovern. It's not usually-- the group does not get involved until the groundwork has been laid out. And it's laid out usually by either-- on the school committee side, it's usually the laid out by the mayor or the vice mayor, the mayor designating a lead individual to lead those discussion and bring it back to the council. So, using best practice, what I have suggested to this committee is to authorize the chair to start that discussion, from which we have further discussion. Do yield the floor Councillor? Further discussion on the amendment.

Councillor Jivan Sobrinho-Wheeler
Point of information on that, what-- could you explain a little bit what groundwork would be laid in the discussion that would then be brought back to the committee?

Councillor E. Denise Simmons
Are you talking to me?

Councillor Jivan Sobrinho-Wheeler
I am.

Councillor E. Denise Simmons
When I talk about groundwork-- so we do know that the [sic]-- superintendent on the brain now-- that the city manager is interested in extending his contract, but we have nothing to work with. And so the discussion would be looking at so what is the city manager looking-- What does that look like to him? We can't have a meaningful discussion about anything, until we have something in front of us. And so this groundwork, if you will, would be to have that discussion is: What is it, Mr. City Manager, that you are seeking from the council by way of your two year extension? Then we bring that back in Executive Session because best practice has suggested that you don't negotiate personnel issues in an open forum. So that would be brought back to the voting members-- But any member of course, can come to executive session-- to the voting members to be discussed, negotiated, and then we will move forward, if that helps. Does that help you councillor?

Councillor Jivan Sobrinho-Wheeler
That does. Thank you.

Councillor E. Denise Simmons
Is there any further discussion on the amendment? Hearing none, we will then--

Councillor Quinton Zondervan
Madam Chair.

Councillor E. Denise Simmons
Councillor Zondervan.

Councillor Quinton Zondervan
Thank you. Could you clarify: has the manager requested a two year extension?

Councillor E. Denise Simmons
The manager has requested a two year extension.

Councillor Quinton Zondervan
Okay. And could you explain why the details about his request could not be presented to the community as a whole.

Councillor E. Denise Simmons
So Councillor Zondervan. Right now we're speaking about the amendment that has been offered by your colleague. And so discussion has to be around that amendment after which—

Councillor Quinton Zondervan
That’s what I am discussing because--

Councillor E. Denise Simmons
Then I can't hear you very well.

Councillor Quinton Zondervan
I apologize. His amendment is that the entire committee would enter into this conversation with the manager, rather than simply the chair. So, my question is why we would choose to have a chair in conversation with the manager.

Councillor E. Denise Simmons
So if your question, Councillor, is why the chair, go into negotiation? My answer to you Councillor is best practices and former practices have been one which there is a lead person, it is usually more often than not the chair of government operations claims and rules, however the name is, and so I'm following the process, the procedure, and the best practices of earlier processes. Do you yield the floor Councillor?

Councillor Quinton Zondervan
Yes.

Councillor E. Denise Simmons
Thank you. Further discussion. We are now voting on the amendment. And let me just speak to the amendment before I yield the floor for the call the roll. Again, I have spent a great deal of time talking with people who have done this and also relying on my earlier experience, having served as mayor and serving on the school committee on the best practices. And the best practice is one, were the – in this case, government operations, the chair leads the process and brings back the discussion-- the fruit of that discussion with the candidate to the committee. So I will not be voting for the amendment because I think we're just launching a conversation. I will not be voting for the amendment because, as has been earlier said, we are sort of in a place where we are in a crisis. And I- - although I value the point of view of my colleagues, this is not the time for us to be sort of slowing down a process that we need to move forward, because we're talking about the leadership of our city which is shared by way of our charter with the city manager. So I am going to vote for the main motion when it comes forward, which is that we start a discussion. Having said that, I yield the floor and I asked the clerk to make a call the roll.

Anthony Wilson, City Clerk
On the amendment?

Councillor Marc McGovern
No.

Councillor Jivan Sobrinho-Wheeler
Yes.

Councillor Timothy Toomey
No

Councillor Quinton Zondervan
Yes.

Councillor E. Denise Simmons
No.

Anthony Wilson, City Clerk
The motion fails two in favor, three against.

Councillor E. Denise Simmons
We are now going to--

Councillor Jivan Sobrinho-Wheeler
Madam Chair. I would like to make a motion that we move to hold a meeting to evaluate the city manager's contract before we enter into negotiations and to my colleague’s point I agree that we don't have to agree-- approve of everything in the city manager's position to extend the contract. But I think it's also true that we don't know how much of the city manager's performance we approve or don't approve of because we haven't evaluated it and every job I've--

Councillor E. Denise Simmons
Councillor, if you would please, we are in the process of a vote. You had put an amendment before the Council, which failed. Now we have to move on the main motion unamended after which if you would like to bring your vote for it for discussion, and for a vote, you may but you cannot do it at this time.

Councillor Jivan Sobrinho-Wheeler
Thank you Madam Chair.

Councillor E. Denise Simmons
You're very welcome. Mr. Claerk.

Anthony Wilson, City Clerk
Through the chair, just through just for clarification, I'm just going to read the motion one more time for the body just so everyone's clear on what they're voting on. It was a motion by Councillor Toomey to authorize the chair of the government operation rules and claims committee to meet with the city manager to discuss his contract extension. Is that correct, Councillor Toomey?

Councillor Timothy Toomey
[sic]

Anthony Wilson, City Clerk
On the motion.

Councillor Marc McGovern
Yes.

Councillor Jivan Sobrinho-Wheeler
No.

Councillor Timothy Toomey
Yes.

Councillor Quinton Zondervan
No.

Councillor E. Denise Simmons
Yes.

Anthony Wilson, City Clerk
The motion passes. Three in favor, two against.

Councillor E. Denise Simmons
Thank you, Mr. Chair. Now, we, we have before us the proposal of a motion that will be offered by Councillor Sobrinho-Wheeler.

Councillor Jivan Sobrinho-Wheeler
Thank you, Madam Chair. I would move before we enter into negotiations that we have a simple meeting to evaluate the city manager's contract beforehand. To my colleague’s point, we don't have to approve of everything. I think we should have a discussion about what we approve of and we don't approve of before we enter negotiations. I wasn't on the council last term. I couldn't have a say on whether the government operations had such a meeting. And I would like to see us have one now. I think it's a pretty straightforward request to have a written evaluation. In every job I've had, I've gotten a written evaluation at some point, usually multiple times a year. And that this is the most important position in Cambridge. And I think we'd be doing the public a disservice by not having an evaluation that was open to the public.

Councillor E. Denise Simmons
Do you yield the floor councillor?

Councillor Jivan Sobrinho-Wheeler
I do. Thank you.

Councillor E. Denise Simmons
Further discussion. Councillor McGovern.

Councillor Marc McGovern
Just through you to Councillor Sobrinho-Wheeler, when you say before negotiations are you—just want to make sure-- is that before the chair starts, the motion we just passed to allow the chair to start talking with the manager? Are you talking-- there negotiation sort of-- they're there-- They happen multiple times, multiple steps. So when are you expecting this to happen?

Councillor Jivan Sobrinho-Wheeler
I could amend the motion if it's helpful to within the next month, within the next maybe given the COVID virus and that we don't know the process, maybe within the next two months?

Councillor Marc McGovern
Through you Madam Chair. But again, is that -- my question is less about the time. But would your motion for preclude-- So if we said that we would do this in two months, would that preclude the chair from engaging in the initial discussion that we just passed? Because that's, I don't see that as a negotiation, the chair is not negotiating the contract with the manager, the chairs will be having a discussion about what the manager is looking for more formally and bring that back. So I'm just trying to get your definition of negotiation because I think an evaluation, you know, I would have no problem writing an evaluation doing a written evaluation of the superintendent – I'm doing it to myself, Madam Chair – to the city manager. But I don't want to delay what we just voted on, which is to allow Councillor Simmons to begin the process of talking to him. So I guess, what's your definition of negotiation?

Councillor Jivan Sobrinho-Wheeler
Sure, I guess, I think a point of information would be helpful in just understanding what is involved in the discussion. I know the chair talked about it a little bit. But if we have the, the timeline of the extension that the city manager is asking for, could you clarify a bit about what else will be discussed in the discussions with the city manager?

Councillor E. Denise Simmons
What the city manager is looking for, and nothing more than that. So we now know that the city manager is looking for an extension of his contract. And so this discussion would be what would be those things that he would be interested in seeing as a part of this extension. I'm saying two years. I'm trying to remember what the letter said. But in part, if it is, indeed two years, it would be: “okay, City Manager, you want an extension for two years. What does that look like?” You know, so I can bring something back to the government ops committee and say, “This is what the city manager is looking for.” And then we could then say, this is what we would like. And I would think if that if it is your inclination or the committee's inclination to ask for an evaluation that would be at that time, because as I understand it from having looked at best practices, because we the council failed to execute a formal evaluation, both parties they have to agree, it is not standard practice. And one might even say a bit disingenuous to ask someone who has not been formally evaluated because the body that was poised to do that failed to do so, did not do it. And then to make that contingent on one's renewal or extension is in general practice and could be seen as maybe even inappropriate. But to your point, if it's something that you might be interested in, that is something that I could take to him to see if that is something he would be willing to agree upon. But to try to make an evaluation, a requirement to have a discussion, when the council again, has -- I'm trying to find a benign word -- not exercised its responsibility under the contract to have done it, I believe is inappropriate. So I would respectfully ask that you allow, by this vote, to go forward and have a discussion to see what is exactly on the table, and then we come back in Executive Session and have that discussion.

Councillor Quinton Zondervan
Madam Chair.

Councillor Marc McGovern
I think I still have the floor.

Councillor E. Denise Simmons
I don't [sic] – Councillor Zondervan, you'd have to wait because Councillor McGovern still has the floor. He had yielded it to get a response. To respond to a question. He still has the floor and has not yielded it. Councillor McGovern.

Councillor Marc McGovern
Thank you. And I think part of those discussions, you know, if the chair sits down, we know that the manager is looking for two years, that could change, he could change his mind and want more. But we at this point, it's two years. I don't think it will change, but it could. But part of those discussions would be you know, if the manager said, I'm looking for a two year extension, and I want to be paid $500,000 a year, he would lay that all of that out to the chair who would then come back in Executive Session to the council to say, here's what he's looking for. All we know now is that he's looking for a two year extension. We don't know if there's anything else he's asking for. That's when the negotiations begin, because then we respond to what he has put out there. So I don't you know, so I didn't think your motion would preclude that initial conversation from happening, but I just didn't know what you were thinking in your motion. As far as the motion itself: I am fine with doing an evaluation. I do want to-- hearing what the chair has said, I do want a little more clarification about-- I'm not ready to vote for that tonight is what I'm saying. But if we don't vote for tonight, it would not preclude us from bringing something forward and, you know, in the near future to do that. So today, I just have a couple questions in my mind that I want to think about. In terms of process, I will say for the record that I think I agree with the chair that I think the ball was dropped, you know, last term on this, but in how we proceed forward, I do want to think about that a little bit more, but I don't think an evaluation is out of line or out of the question. So I will not vote for your amendment, or that motion today. But I would like to talk to you more about that and maybe thinking about how we can move forward on something in the near future.

Councillor E. Denise Simmons
Thank you Councillor McGovern. Are you yielding the floor?

Councillor Marc McGovern
Yes.

Councillor E. Denise Simmons
Councilor Zondervan, you have the floor.

Councillor Quinton Zondervan
Thank you, Madam Chair. I'd like to first of all want to clarify that I have not read in the manager's letter that he's formally requesting a two year extension. And so I believe that will be one of the clarifications that you would obtain from him in your discussions as to the length of the extension. And I agree with my colleagues that we voted to authorize you to enter into conversation with him. I don't believe my colleague's motion would preclude or interfere with that in any way. I also believe that what the previous council did or didn't do isn't relevant. This current council is the one that has to decide on this contract extension or not. And not having a full evaluation, the manager while doing the negotiation, I don't think is this proper procedure. So, and I'm not sure if this-- if I need to do a formal amendment or, or this offer a slightly more precise wording of the motion, which I would say is that the government operations committee will conduct a full performance evaluation of the city manager prior to entering into negotiations around his request to extend his contract. And I would say that that evaluation process would happen after and in parallel to your conversations with the manager. I don't think it would preclude you from speaking with him tomorrow.

Councillor E. Denise Simmons
Okay, thank you. Are you yielding the floor? Okay. Thank you Councillor Zondervan. So, it sounds like to me, if I understand you are putting in an amendment to Councillor Sobrinho-Wheeler's main motion. So let me ask is there any discussion on the amendment-- which you may have to restate a slowly because it's, although you're audible, it's a little garbled. So please, slowly and succinctly restate your amendment to Councillor Sobrinho-Wheeler's main motion. Councillor Zondervan you have the floor.

Councillor Quinton Zondervan
Thank you. Yes, Madam Chair. And I believe my colleague's motion was for the government operations committee to have a meeting. And so I'm offering amendment by substitution that that we will conduct a performance evaluation. So I will read it again more slowly: “That the government operations committee will conduct a full performance evaluation of the city manager prior to entering into negotiations around his request to extend his contract.” And I will also email a copy to the clerk.

Councillor E. Denise Simmons
Thank you. Any questions? Does everyone understand what the motion is and so, what Councillors-- Are you yielding the floor Councillor Zondervan?

Councillor Quinton Zondervan
Yes.

Councillor E. Denise Simmons
So Councillor Zondervan is trying to amend by substitution. The order of a motion that says that the government ops will conduct a full performance evaluation. Is there any discussion?

Councillor Jivan Sobrinho-Wheeler
Yes, Madam Chair. I can make a question about whether there can be an amendment or a separate motion. I'd like to see us leave this meeting with some other meetings scheduled to evaluate the city manager's contract. I'm open if we want to begin negotiations and set that meeting later, to make a motion that the evaluation would simply happen before we voted on the city manager's contract. I'm not sure if that's an amendment here or a separate motion. But would like to see us set a time for a meeting at the last government operations committee meeting there was a lot of discussion about having evaluation, we had more counselors than we have tonight, including the mayor and the vice mayor who weren't able to be here. I thought an evaluation would be the next step. I would like to see us get that on the books at this meeting--

Councillor E. Denise Simmons
So first Councillor, if I'm understanding: you're talking about the amendment by substitution of Councillor Zondervan. And so in terms of precedent of motions, we would vote that one – not unless you're trying to now put another motion before his motion by substitution. So you already have a—if I understand the order, now have the Councillor Zondervan’s motion by substitution, we have your underlying order, which asks, I think pretty much the same thing. Because I don't necessarily see the difference between the two. So I'm going to look to my clerk here, because it would seem like now as you're going to rescind your main motion, to substitute it with this new one. And I'm not quite certain what the order would be, because we still have the underlying motion and then a motion by substitution of which you're now trying to amend.

Councillor Jivan Sobrinho-Wheeler
Point of order. I'm willing to make it as a separate motion, if that makes things more simple procedurally.

Councillor E. Denise Simmons
You would like at this time-- now we're talking about a motion by substitution. You will now want to put a motion before that one, that we vote that we have and evaluate -- because I've totally lost the sequence here. So if you can help me, Mr. Clerk,

Anthony Wilson, City Clerk
If I may through the chair. Councillor Sobrinho-Wheeler made a motion – and this is what I have written down, so if I have any part of this incorrect, please correct me Councillor – the motion was that the government operation rules and claims committee meet to evaluate the performance of the city manager prior to entering into negotiations to extend the city manager's contract. That is the main motion that's before the body, before any other motions aside from amendments can be evaluated or taken, that motion has to be disposed of. During the course of the discussion on Councillor Sobrinho-Wheeler's motion, Councillor Zondervan made a motion to amend Councillor Sobrinho-Wheeler's motion to state that the government operations committee will conduct a full performance evaluation of the city manager prior to entering into negotiations around his request to extend his contract. So the order of operations in this case is that the committee will dispose of the amendment, and then we'll dispose of the main motion before we can entertain any other motions.

Councillor E. Denise Simmons
Councillor Zondervan if you could hold just for a moment. To our clerk: so right now we're just voting for a motion by substitution and the main motion. And if both of those fail, we go to the next one? Or do we say if the vote by substitution fails and the main doesn't fail, we still vote for something that's similar to…

Anthony Wilson, City Clerk
If the motion to substitute fails, than the original language as proposed by Councillor Sobrinho-Wheeler will be before the body for the council to vote on. The council could then vote that motion up or down whether it passes or fails, the council could entertain other motions, should there be any.

Councillor E. Denise Simmons
I guess my question to you, because the motions by Councillor Sobrinho-Wheeler are very similar, from what I can tell, it seems. It may be just my understanding they're very similar. Councillor Zondervan, I still have the floor, I will recognize you shortly. It just seems like they're very similar, but I'm gonna follow your lead on that.

Anthony Wilson, City Clerk
I didn't bring my copy Robert's Rules with me, but under the rules, the chair has the discretion of determining if a motion is proper, if it is – that a motion is improper – if it is something that the body has already voted on.

Councillor E. Denise Simmons
And that would be-- so this is where I was kind of going. In my mind, Councillor Sobrinho-Wheeler, the motion that you elected to bring and the motion that you've already brought are very similar. It's almost to me like getting two bites at the same apple. And my ruling: if the main motion were to fail, and then you would try to bring that next motion – and according to the clerk, because of what I feel is that they're so similar, that would be an improper motion, and would not bring it to the floor, because I would rule it was an inappropriate motion because they're just too similar to me. So having said that, I do have your colleague waiting to be heard, after which, if you'd like to speak, and then I think we should move on to the vote. Councillor Zondervan.

Councillor Quinton Zondervan
Thank you, Madam Chair. I do apologize. It's a little difficult to do this remotely, and apologize through you to my colleagues as well for any confusion I'm causing. My main intent of the amendment is that the government operations committee would conduct an evaluation versus the original motion, which says that the operations committee would have a meeting to have an evaluation. So the difference being that the evaluation may or may not involve meetings, but it's focused on conducting evaluation rather than just having a meeting to evaluate the city manager's performance. So I think evaluation can be more expansive than just having a meeting.

Councillor E. Denise Simmons
Thank you, Councillor Zondervan for that clarification, I do have a better understanding. So if there's no further discussion, I would say this: again, having had several conversations around this process, and the idea of an evaluation, again, it is not best practices, not standard practice, and highly irregular, that you would evaluate someone at the time that they are asking for a two year or a two year extension, an extension, or a renewed contract. Although I do hear you very soundly, Councillor Sobrinho-Wheeler, that you've not had the opportunity to work with this city manager. I do understand that. However, I don't think the sins of the prior committee should be visited on the next group that falls behind. I still say that it was something that we should have done that did happen in some manner, maybe not formal as people would wish. So what I would then suggest is to allow me as the chair to have a discussion with the city manager – again, having talked to a number of people that have done this before, they have said that in terms of asking a candidate, a sitting employee to be evaluated on the heels of their contract renewal, whatever iteration, has to at the minimum be by mutual consent. So this committee would have to vote perhaps to do that. And then the city manager would have to agree. So what I would then suggest, we can't go anywhere if we can't have a discussion to launch the discussion about do you stay, do you go? How long do you want to stay? What do you want? For me to come back and say, okay, committee, this is what the city manager, our current city manager is looking to achieve. After which this committee could say, based on what the city manager would like, this is what we'd like to see. And then you can go into negotiation, but we're trying to make something that we don't have the framework yet. I'm trying to offer a framework. And so I'm not going to vote for either motion. I think we should go forward, have a discussion and from that place, we now have a baseline from which to go forward. We will know what the city manager’s intentions are, and then we can then discuss in Executive Session, what we see as the places to which we, what we want to see as a part of the conditions if we were to go forward.

Councillor E. Denise Simmons
We are also past the two hour limit. So to extend this meeting, I would have to have a vote because on our rules, so these meetings will not be more than two hours. So I'd like to entertain a motion to extend the meeting for 15 minutes. Is there a motion?

Councillor E. Denise Simmons
Roll call.

Anthony Wilson, City Clerk
On extending the meeting for 15 minutes.

Councillor Marc McGovern
Yes.

Councillor Jivan Sobrinho-Wheeler
Yes.

Councillor Timothy Toomey
Yes.

Councillor Quinton Zondervan
Yes.

Councillor E. Denise Simmons
Yes.

Councillor E. Denise Simmons
So we would like the opportunity to then to go forward and call the question--

Councillor Jivan Sobrinho-Wheeler
Madam Chair I believe you said you would recognize me after Councillor Zondervan.

Councillor E. Denise Simmons
Okay, well I recognize you, then Councillor Toomey, I would hope that we can have a vote before the meeting expires.

Councillor Jivan Sobrinho-Wheeler
I take everything you say into consideration, and I'm willing to vote to move into discussion, I would just like to see us leave the meeting with an agreement for an evaluation at some point in the future. I'm willing to amend my original motion to have that evaluation be before the council votes on the city manager's contract if we want to start discussion, and I would just like to see us-- we've had two meetings now talked a lot about evaluation. I'd like to see us leave this meeting with an agreement to have an evaluation before we vote on the final product of the city manager's contract.

Councillor E. Denise Simmons
Thank you, Councillor. Do you yield the floor?

Councillor Jivan Sobrinho-Wheeler
I do.

Councillor Timothy Toomey
Thank you Madam Chair. I just want to re-emphasize just what you just previously said that you're going to have a conversation with the City Manager to lay out the parameters, the framework of how we're going to move forward. And after your discussions, you will be coming back to the government operations committee members, in discussing with those parameters and the framework side. And as that would be most appropriate time then to look at how we're going to move forward with includes the city manager evaluations. But until the conversation takes place between the chair, which is the most appropriate, of the government operations committee, and I don't know why the previous government committee didn't do the evaluation of the goals, but that's behind us. But moving forward, you certainly have taken the lead to get this process moving the way it should be moving and so once we get those parameters, the framework then all those discussions after you share with the members of the committee can then take place and we can do as many evaluations or whatever and things but-- We have to first have that conversation then to allow that process to continue in the way it's supposed to be conducted. And it’s concluding evaluations. That's how we move forward. But until you have that, and the manager have the conversation, then we're just spinning the wheels here. So I would move the question on the, I know there's two motions, the substitution motion. I'll move the question on those.

Councillor E. Denise Simmons
So Councillor Toomey has moved the question. I will now call the roll.

Anthony Wilson, City Clerk
This is on the motion to move the question. If the motion to the question passes, then we automatically move on to Councillor Zondervan's motion to amend.

Councillor Marc McGovern
No.

Councillor E. Denise Simmons
Do you know what you are voting for? This motion-- Councillor Toomey has moved to call the question. You have to vote a motion to call the question.

Councillor Marc McGovern
My bad. Yes, I vote to call the question.

Councillor Jivan Sobrinho-Wheeler
Yes.

Councillor Timothy Toomey
Yes

Councillor Quinton Zondervan
Yes

Councillor E. Denise Simmons
Yes.

Anthony Wilson, City Clerk
The motion passes five in favor zero against. On Councillor Zondervan's motion to amend Councillor Sobrinho-Wheeler's motion.

Councillor Marc McGovern
No

Councillor Jivan Sobrinho-Wheeler
Yes.

Councillor Timothy Toomey
No

Councillor Quinton Zondervan
Yes.

Councillor E. Denise Simmons
No.

Anthony Wilson, City Clerk
The motion fails two in favor, three against. On Councillor Sobrinho-Wheeler's motion, which I will restate just because it's been some time, that the government operations rules and claims committee meet to evaluate the performance of the city manager prior to entering into negotiations to extend the city manager's contract.

Councillor Jivan Sobrinho-Wheeler
Madam Chair I would like to make a motion to amend that motion. Can I do that?

Councillor E. Denise Simmons
No.

Anthony Wilson, City Clerk
Councillor McGovern?

Councillor Marc McGovern
No.

Councillor Jivan Sobrinho-Wheeler
Yes.

Councillor Timothy Toomey
No.

Councillor Quinton Zondervan
Yes.

Councillor E. Denise Simmons
No.

Anthony Wilson, City Clerk
The motion fails two in favor, three against

Councillor E. Denise Simmons
Having taken care of the business of this meeting, I would like to entertain a motion for the committee to adjourn. Do I have a motion? On a motion by Councillor Toomey to adjourn, roll call.

Anthony Wilson, City Clerk
On a motion to adjourn.

Councillor Marc McGovern
Yes

Councillor Jivan Sobrinho-Wheeler
Yes

Councillor Timothy Toomey
Yes

Councillor Quinton Zondervan
Yes

Councillor E. Denise Simmons
Yes.

Councillor E. Denise Simmons
This meeting is adjourned.

1. A communication was received from Councillor Simmons, transmitting a letter from City Manager Louis A. DePasquale, who is serving formal notice of his desire to enter into formal negotiations with the City Council to extend his contract with the City beyond January 2021.

2. A communication was received from Ruby Pierce Donohue, regarding city manager contract extension

3. A communication was received from Ann Tennis, 71 Griswold Street, regarding city manager contract extension

4. A communication was received from Bishop Brian C. Greene, Sr. Pastor at Pentecostal Tabernacle, regarding City Manager contract extension

5. A communication was received from Charles Franklin regarding Manager Contract Hearing

6. A communication was received from Henrietta Davis, 120 Chestnut Street, regarding City Manager's contract.