Government Operations Rules and Clams Committee meeting – July 20, 2020 - MINUTES
Date: Mon, July 20, 2020, 2:00pm (Sullivan Chamber)
Present at the hearing: Councillor Simmons (chair), Councillor McGovern, Councillor Sobrinho-Wheeler, Councillor Toomey, Councillor Zondervan
Government Operations rules and clams committee will meet to continue the discussion on the City Manager’s contract extension.
Councillor E. Denise Simmons called the meeting to order to continue the discussion on the city manager's contract extension, and she opened the floor to public comment.
Samuel Gebru, 812 Memorial Drive, spoke in support of the city manager’s contract renewal. He has worked with Mr. DePasquale in various capacities throughout the years and really thoroughly enjoyed the experiences with him and his staff. He said that Mr. DePasquale is a strategic steward of our city's resources.
Kim Courtney stated that the city of Cambridge is corrupt. She said that this corruption permeates not only the city manager's office, but also the city solicitor's office, the license Commission, the zoning board, and more. She said that it’s time for the City Council to stop enabling the institutional corruption that exists in the government, remove the city manager, and bring democracy back to the city.
Judy Johnson, 55 Antrim Street in Cambridge, stated that the city manager's whole term has been to garner more power and control for his position and to diminish the role of the city council. The city manager’s personal agenda is not in tune with the stated goals of the city council. He should be replaced as soon as possible.
Xavier Dietrich, co-owner of Upper West, stated that it is time to hold Mr. DePasquale accountable for his actions and perhaps most importantly for his inactions. He stated that many departments under the City Manager’s supervision have improperly revoked permits. He urged the council to end Mr. DePasquale’s contract as soon as possible.
Hector Acevedo, 125 Portland Street, stated that he supports extending the contract of the city manager. He stated that Mr. DePasquale is very active in the community, working with non-profits and supporting community organizations. He stated that no one loves the city more than Mr. DePasquale.
Henry Wortis, 106 Berkshire Street in Cambridge, stated that the City Council should select a manager with the best strategy to achieve these goals. He stated that allowing the requested extension is a good idea because it will give the council time to formulate a process to select the next City Manager.
Louise Parker, 1 Warwick Park, has many concerns about Mr. DePasquale’s job performance. She said she is most concerned with the manager's refusal to conduct a broadband feasibility study, requests for inventory of city owned property. The fact that the manager is unaccountable to the public and has unilateral power to ignore the will of democratically elected officials is concerning. She supports the renewal of the city manager's contract for a single year in order to conduct a thorough, formal, and open evaluation of the manager based on city council stated goals. She wants the City Council to conduct a national City Manager search.
Christopher Schmidt, 17 Laurel Street in Cambridge, Massachusetts, said that he has been surprised by the lack of visibility into the city manager’s responsiveness to city council policy orders, priorities, reports and goals. He is concerned by the lack of a formal evaluation of the City Manager’s performance. He stated that, nevertheless, changing the city manager during the pandemic is not the best path.
Lee Farris, 269 Norfolk Street, president of the Cambridge Residents Alliance, asked that the council extend the manager’s contract for one year only. She asked that the Council decide on a process to evaluate the manager and that the council begin that evaluation as soon as possible. She asked that the council establish a process and timing for starting a nationwide city manager search and hiring process. At public meetings of the Cambridge resonance Alliance, many members of the public expressed dissatisfaction with the lack of the evaluation of the manager by the Council and the lack of response to certain policy orders.
Theresa Hamacher, 95 Raymond Street, supports extending the city manager’s contract by just one year, in order to conduct a search. She encouraged the council to re-examine the duties and responsibilities of the City Manager position.
Jennifer Lin, 32 Oakland Street, encouraged the Council to revise how the city considers the city manager. She is concerned to find that some policy orders and legal requirements were not being met by the current city manager. She supports renewing this contract for a single year in order to conduct a thorough public review of the city manager. She said we may also want to reconsider whether or not such an important official should remain unelected.
Ilan Levy, 148 Spring Street, spoke in support of changing the city government to remove the unelected city manager, and to create an elected leadership position.
Heather Hoffman, 213 Hurley Street, encouraged the council to select a new city manager. At most, she supports extending the current contract for one year.
Robert Winters, 366 Broadway, spoke in support of a multi-year contract extension for Mr. DePasquale. Mr. DePasquale has the right qualities of empathy, and a take-charge management style, which is exactly what the city needs.
Kit Haines, 6 Florence Street in Cambridge, asked the council not to extend this contract. She stated that she is very disappointed by not being allowed to leave the house. Not the City Manager’s job to determine if shared streets are safe, but to implement the city council's vote.
Teni Lavoie, 20 Locust Street, spoke in support renewing the existing contract. Always felt the Mr. DePasquale listened and never made decisions in a vacuum.
At 2:45 PM Councillor McGovern moved to close public comment.
Roll Call: 5-0
Councillor Simmons motion to place communications on file.
Roll Call: 5-0
Councillor Simmons asked her colleagues to remember that is critical to move this process forward in these tumultuous times. She recognized that some councillors are concerned about the lack of a formal performance review, but that should not delay this process. She moved that the committee recommend to the full city council a policy order to extend the city manager's contract for a period of 24 months.
Councillor Simmons explained that this extension will allow the council time to formulate a thoughtful and transparent process to search for the next city manager.
Councillor Marc McGovern stated that no matter who served as city manager, no one will be entirely happy with every decision that person makes. He briefly described the process and effort that went into the last City Manager search. He said that s year is not enough time to find a new city manager. Councillor McGovern stated that he supported a national search after the proposed extension by Councillor Simmons. He supports the two-year extension proposed by Councillor Simmons.
In response to a question from Councillor Zondervan, Councillor Simmons explained that she met with the City Manager pursuant to the vote of the committee. She confirmed that the manager is looking for a 24-month extension, not a full contract.
Councillor Zondervan agreed that it may take more than one year to find a new city manager, but he still would prefer a one-year contract renewal. If the council does not find a new manager within that year, then it could consider an additional year extension. He moved to amend Councillor Simmons’s motion to recommend a 12-month extension from the end of the current contract, with an option to renew for an additional 12 months upon mutual agreement.
Councillor Sobrinho-Wheeler stated that in general, this form of government is not working for Cambridge, and he believes that the most powerful position in Cambridge government should be an elected mayor. He stated that the city manager’s role should be to carry out the will of the city council when it comes to policy. There have been a number of occasions where the council has put forth a policy order that has either not been implemented or been slow to be implemented. He stated that he could not support a contract extension until there has been a performance evaluation of the current city manager.
Councillor Tim Toomey stated that he supported the two-year contract extension for the city manager. He stated that the selection of a new city manager is a long and involved process. He stated that the city manager has done a good job in responding to the council’s priorities. Councillor Toomey stated that the manager has done a good job in responding to COVID-19, and he wanted Mr. DePasquale’s continued leadership through this crisis.
Councillor Patricia Nolan stated that the council should evaluate the performance of the city manager prior to an extension. She believes the city council should have a full discussion of the role and the goals of the city manager. Councillor Nolan stated that she was concerned that certain policy orders have not been responded to by the city manager. She stated that she could support a one-year extension, but not more, only because the nation is in the midst of the pandemic.
Councillor Dennis Carlone spoke in support of completing a review of the city manager’s job performance. He stated that he is concerned that certain policy orders have not received a response. He was specifically concerned that the council has not received a list of their city-owned property, which the council voted to receive. He is concerned about the lack of infrastructure planning. Councillor Carlone stated that he is inclined to vote for an extension, but that he also wanted his concerns addressed.
Councillor McGovern stated that the manager deserves better than a year-to-year contract. He stated that he was concerned that a year-to-year contract would have a negative impact on the pool of potential candidates. He expressed concerns about when a one-year contract would begin and end. Councillor McGovern stated that COVID-19 will impact the pool of candidates at least in the short term. He supports the two-year extension but could not support a one-year extension based on what he knew of the process.
Mayor Siddiqui stated that she has worked very closely with the City Manager over the course of the pandemic. She has seen a lot of good things from him, as well as some areas that need improvement. The mayor stated that she would be supportive of a 12-month extension, beginning January 2021, and then a mutually agreed-upon extension if needed.
Councillor Quinton Zondervan stated that he believed that the extension would begin on January 2021. He stated that a one-year extension would give the council 18 months to find a new city manager. He encouraged the council to have a comprehensive and transparent evaluation of the city manager. He felt that a new city manager is required for a new vision for Cambridge.
Councillor Dennis Carlone stated that he would support a one-year extension, with the possibility of an additional one-year extension.
Vice Mayor Mallon stated that she supported Councillor Zondervan’s amendment. She stated that a oneyear extension would give the Council 18 months to find a new city manager. She stated that she would not support a 24-month extension.
Councillor Toomey moved suspend the rules to extend the meeting for 10 minutes.
Roll Call: 5-0
Councillor McGovern suggested a motion to give the chair the authority to have a discussion with the City Manager about whether he would prefer a 1-year or a 2-year extension.
Councillor Toomey stated that, pursuant to the contract, if the city intends to continue Mr. DePasquale’s employment beyond January 2021, it shall give written notice to Mr. DePasquale on or before September 14, 2020 and initiate negotiations for a successor employment contract, which shall become effective January 9, 2021.
Councillor McGovern moved to suspend the rules to extend the meeting to 4:30 PM
Roll Call: 5-0
Councillor Simmons explained that her motion will provide the council more flexibility to enter into a contract extension that could be up to two years or less.
Councillor Zondervan’s motion to amend Councillor Simmons’ proposed order failed by the following roll call vote (2-3).
YES - Sobrinho-Wheeler, Zondervan
NO - McGovern, Toomey, Simmons
Councillor Simmons’ proposed order passed by the following roll call vote (3-2).
YES - McGovern, Toomey, Simmons
NO - Sobrinho-Wheeler, Zondervan
Councillor McGovern withdrew his motion.
Councillor Toomey moved to adjourn.
Roll Call: 5-0
The following communuications were received and all Placed on File:
1. A communication was received from Sam Murphy, 158 Thorndike Street, regarding the City Manager Contract.
2. A communication was received from Carolyn Shipley, 15 Laurel Street, regarding the City Manager Contract.
3. A communication from Jennie Carvello, 44 Warren Street, regarding the City manager's contract
4. A communication was received from Carolyn Magid, 71 Reed Street, regarding the City Manager's Contract.
5. A communication was received from Terry Ward regarding City Manager contract
6. A communication was received from Patty Shinkwin Bryant regarding city manager contract
7. A communication from Alan and Elaine Nathan, 81 Porter Street, regarding City Manager contract
8. A communication from Debra Wise, 20 Worcester Street, regarding City Manager contract
9. A communication was received from Thomas P. Pilleri, regarding the City Manager's Contract.
10. A communication was received from Mary Shinkwin regarding city manager contract
11. A communication from Steve Wineman, 26 McTernan St., regarding city manager contract
12. A communication from Jude Glaubman, 154 Auburn Street, regarding City Manager Contract
13. A communication from Marilyn Frankenstein, 75 Holworthy Street, regarding city manager contract
14. A communication was received from Kathy Watkins, 90 Fawcett Street, regarding the City Manager's Contract.
15. A communication was received from Flaherty Law Offices, regarding the City Manager's Contract.
16. A communication from Judy Johnson, 55 Antrim Street, regarding City Manager Contract
17. A communication was received from Mary Martins regarding City Manager Contract
18. A communication was received from Amber Martins regarding city manager contract
19. A communication was received from Roy Martins regarding the City Manager's contract
20. A communication from Jacquelyn Smith, 7 Ashburton Place, regarding City Manager's contract
21. A communication was received from Joan Pickett, 59 Ellery Street, regarding the City manager's contract
22. A communication was received from Samuel M. Gebru regarding the City Manager Contract Renewal
23. A communication was received from Ann Fleck-Henderson, Richdale Ave, regarding the City Manager's contract
24. A communication was received from Tara R. Greco regarding City Manager's Contract
25. A communication was received from Sarah Levy, 52 Pearl Street, regarding the City Manager contract
26. A communication was received from Margaret Shinkwin regarding City Manager contract
27. A communication was received from Paul Ciampa, 306 Huron Ave, regarding City Manager Contract
28. A communication was received from Kevin O'Keefe regarding the city manager's contract
29. A communication was received from Philip and Mary Muolo, 167 Spring Street, regarding the City Manager's contract
30. A communication was received from Cambridge Chamber of Commerce, regarding the City Manager's Contract.
31. A communication was received from Saul Tannenbaum, 16 Cottage Street, regarding the City Manager's Contract.
32. A communication was received from Judy Somberg, 48 Antrim Street, regarding the City Manager's Contract.
33. A communication was received from Marille Meyer, 10 Dana Street, regarding the City Manager's Contract.
34. A communication was received from Francis Burke Brazao, regarding the City Manager's Contract.
35. A communication was received from Frankie Lonergan, regarding the City Manager's Contract.
36. A communication was received from John Cisternino, regarding the City Manager's Contract.
37. A communication was received from Laurie Beth Mangili-Gaines, regarding the City Manager's Contract.
38. A communication was received from the Lavoie Family, regarding the City Manager's Contract.
39. A communication was received from Rebecca Susi, regarding the City Manger's Contract.
40. A communication was received from Ted Hoff and Kathleen O'Connell, regarding the City Manager's Contract.
41. A communication was received from Anne Tallon, 212 Upland Road, regarding the City Manger's Contract.
42. A communication was received from Kate Skubecz, Thorndike Street, regarding the City Manager's Contract.
43. A communication was received from Lee Farris, 269 Norfolk Street, regarding the City Manger's Contract.
44. A communication was received from Phillip Miller, 142 Huron Avenue, regarding the City Manager's Contract.
45. A communication was received from Isabel Campbell-Gross, 15 Ericsson Street, regarding the City Manager's Contract.
46. A communication was received from Denise Jillson, regarding the City Manager's Contract.
47. A communication was received from Elliot Slater, regarding the City Manager's Contract.
48. A communication was received from Luis Mejias, 18 Plymouth Street, regarding the City Manager's Contract.
49. A communication was received from Jason Alves, regarding the City Manager's Contract.
50. A communication was received from John P. DiGiovanni, regarding the City Manager's Contract.
51. A communication was received from Henry H. Wortis, 106 Berkshire Street, regarding the City Manger's Contract.
52. A communication was received from Margie Yates, 36 Upland Road, regarding the City Manager's Contract.
53. A communication was received from Mary Baine, regarding the City Manager's Contract.
54. A communication was received from Nancy Goldstein, regarding the City Manager's Contract.
55. A communication was received from Robert V. Travers, Jr., 54 Fulkerson Street regarding the City Manager's Contract
56. A communication was received rom Ty Bellitti, regarding the City Manager's Contract.
57. A communication was received from Sheli Wortis, 106 Berkshire St, regarding the City Manger's Contract.
O-8 September 14, 2020 (propsoed)
COUNCILLOR SIMMONS
ORDERED: That the city council extend the current contract with city manager Louis DePasquale for a period of 24 months.