May 7, 2009 at 7:07 a.m.
No clear decision in Board Room on whether or not to retain engineer
No clear decision in Board Room on whether or not to retain engineer
Malin's four-year county engineer appointment/contract expired the end of the day April 30.
The re-appointment was controversial because Chisago County is reviewing its budget, needing to carve out over $2 million in cuts. The engineer's job is one of the highest-salary positions in the county, among those not elected. (Health and Human Services Director and County Administrator are the others.)
Commissioner George McMahon pointed out the county has two engineers, Malin and the Assistant County Engineer Joe Triplett.
He explained that between the two-- over the four year term of the appointment-- the county will spend at least $1,169,278.
McMahon said the county needs to be looking at positions "across the board" in light of the extreme budgeting revisions the county's facing. As an appointed position, Malin's job can be eliminated simply by not re-appointing versus having to actually fire an employee. (The county recorder's job was eliminated also by not appointing a person upon Thora Fisko's retirement.)
McMahon stressed that Malin is "not being fired" and job performance is not the issue.
Commissioner Mike Robinson, however, disagreed. According to Robinson the only reason Malin's position was under scrutiny was because the commissioners conspired, he said, to "...make me look bad."
"Your only downfall," Robinson told Malin in the audience, "is that you said County Road 1 (in Rush City) needs work."
Later Robinson told the commissioners, "If you're looking for a puppet, Joe's (assistant engineer) not a puppet."
Robinson also alleged four commissioners broke the Open Meeting Law.
He accused County Board Chair Ben Montzka in particular of manipulating and delaying this appointment until the very last possible moment. Robinson asked why this action wasn't on a Board meeting agenda earlier in April.
Montzka said he consulted with staff and was advised it could be on April 22. Then, in reviewing that agenda he said he asked for some background information on wording of the appointment statute but the information wasn't readily available. Research time required that the Board set this special session. Montzka claimed he wasn't aware of the April 30 deadline on the term's contract and he thought statute allowed all of May for appointment.
Robinson tried to float a motion to table any action, but was advised by administrative staff that Malin's contract expires the end of April 30. Robinson withdrew his motion.
A motion made by McMahon to reappoint Malin failed 2-2 with Montzka abstaining. (Actually two identical motions made a few minutes apart failed 2-2.)
Voting no to reappoint were Commissioners Rick Greene and Lora Walker.
Montzka stated publicly his abstention was upon advice from his personal attorney due to a "confidential" reason. (There are unconfirmed reports that Montzka received terroristic threats just prior to this special meeting.) Montzka said his reasons for abstaining will be "made clear later."
Greene stated the personnel roster is top-heavy and if a high-wage job can be eliminated then maybe a couple lower-paying jobs and services can be saved.
Responding to Robinson's allegations Greene said the county road plan was developed by committee, with Malin's assistance, because the highway department specifically asked commissioners for more direct involvement this year. About the 4-1 vote on the 10-year road projects action plan, called the TIP, Greene reminded Robinson of his no vote.
Montzka also commented that Robinson voted against the TIP even though it includes a reclaim and pave project on County Road 1 for 2010.
The meeting room was occupied by about 10 people who had hoped to offer comment on the engineer position.
The audience was advised by the County Attorney that employee performance would not be debated in an open setting and this session is not a "public hearing." Longtime Highway 8 Task Force member Nora Holt yelled, "...when does the public get a say...can't we talk about the position and not the person?"
Commissioner Lora Walker told audience members she'd requested this special session to be noticed for public comment and was told it couldn't be done.
In a bizarre twist; the meeting recessed for five minutes so copies of a document could be made, and during the recess audience members remained in the Board Room and spoke loudly, to nobody in particular, about the importance of having a county engineer. They said Chisago County's finally being recognized within the metro transportation funding circle, which historically viewed Chisago County as number 8 in the 7-county metro funding region.
When reconvened Commissioner Walker wondered if the commissioners could make a motion to re-appoint Malin for just one year.
She said, "We don't guarantee four years of a job to anyone else. I can't think of a recent meeting where we haven't had to cut something...we even had a big discussion over a three-month (hire)."
County Attorney Janet Reiter said she could not advise the Board to "break the law" which mandates re-appointment for four years, or designating a new appointee, or action adopting a contract with another county engineer for services.
Reiter said the Board is certainly able to lobby the state for a change in the appointment law but they have to go with wording as it exists.
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