{"id":15601,"date":"2016-05-31T09:00:24","date_gmt":"2016-05-31T14:00:24","guid":{"rendered":"http:\/\/www.canyoncountryzephyr.com\/blog\/?p=15601"},"modified":"2016-05-28T16:28:03","modified_gmt":"2016-05-28T21:28:03","slug":"redux-whats-past-is-prologue-city-manager-rebecca-davidson-part-4-of-9","status":"publish","type":"post","link":"http:\/\/www.canyoncountryzephyr.com\/blog\/2016\/05\/31\/redux-whats-past-is-prologue-city-manager-rebecca-davidson-part-4-of-9\/","title":{"rendered":"(REDUX) \u2018WHAT\u2019S PAST IS PROLOGUE: CITY MANAGER REBECCA DAVIDSON, part 4 of 9"},"content":{"rendered":"

This story first appeared<\/a> in the February\/March Issue of the Zephyr. We\u2019re reprinting it here, in smaller sections, to make it easier for our readers to absorb the information. <\/strong><\/em><\/h2>\n

NOTE:\u00a0 In preparing this article about Moab\u2019s city manager Rebecca Davidson, the Moab City Council\u2019s actions re: Ms. Davidson and the subsequent \u201crestructuring\u201d of Moab government, <\/i>The Zephyr sought information from a variety of sources. We filed Freedom of Information Act requests, via the Wyoming Sunshine Laws, with the City of Kemmerer, Wyoming and the Wyoming Division of Criminal Investigation. We filed a Government Records Access request (GRAMA) with the City of Moab, and we conducted interviews with numerous people personally involved in the issues raised here. We also contacted reporter Trevor Hughes, now of <\/i>USA Today, who wrote a comprehensive article about the current Moab City manager\u2019s tenure as city manager in Timnath, Colorado.<\/i><\/h3>\n

On January 11, we sent 15 questions<\/a> to city manager Rebecca Davidson, in an effort to \u201cclarify and resolve\u201d issues raised in this article. She did not respond (Those questions are available to the reader elsewhere in this issue). Finally, we contacted the Moab City Attorney, Christopher McAnany, to seek clarification on the process used to fulfill our GRAMA request with Moab City. His January 24 response, which he noted was, \u201cin lieu of any further response from\u00a0 Ms. Davidson,\u201d\u00a0 is included elsewhere<\/a> in this issue, and excerpted later in this article. Finally, we offer the City of Moab the opportunity to reply. But please note that all correspondence with this publication will be regarded as \u2018on the record.\u2019\u2026JS<\/em>
\n
\n<\/b><\/h3>\n

TIMNATH & KEMMERER FLASHBACKS<\/b><\/h4>\n

As this publication noted in its first article on the subject, controversy seems to follow Rebecca Davidson wherever she goes. In 2010, Davidson made state headlines, relating to her five year tenure of employment with The City of Timnath, Colorado.<\/h4>\n

In late December 2010, News 9, the NBC affiliate in Denver, reported<\/a> that the Timnath Council would meet to \u201cdiscuss suspended town manager,\u201d Ms. Davidson. According to the report<\/a>, \u201cDavidson has been manager in Timnath since 2005, working on a contract basis until January, when she became a town employee. Separately, the town has also been paying her engineering firm, IB Engineering, hundreds of thousands of dollars a year\u2026This summer, council members asked for an outside investigation into the town\u2019s contracting and bidding processes. The report by a Colorado Intergovernmental Risk Sharing Agency investigator has not yet been made public.\u201d<\/h4>\n

It also reported that Timnath\u2019s mayor, Donna Benson, \u201cwith whom Davidson has clashed,\u201d had also filed a law suit against the Timnath council, \u201cover secret meetings to hear employee complaints about her. Davidson\u2019s complaints about Benson\u2019s interactions with town staff prompted the secret meetings.\u201d<\/h4>\n

\"rd-pq5\"<\/a>A week later, Davidson and Timnath were back in the Denver headlines when 9News announced Davidson had resigned. The \u201cthree-way deal\u201d ended with Davidson\u2019s resignation and the resolution of a $1 million law suit \u201cbrought by Loveland-based Gerrard Excavating Inc. against the 633-resident town and Davidson, who until last year was both town manager and the town engineer responsible for overseeing the Old Town sewer reconstruction project\u201d<\/h4>\n

9News also reported that, \u201cDavidson was suspended with pay last summer, several weeks after Town Council members received an audit of Timnath finances. Council members cited the need to \u2018review invoicing, lack of documentation, fair treatment in the bidding process, town contracts and other processes\u2019 in suspending Davidson but never offered any further specifics.\u201d<\/h4>\n

The report noted that Timnath officials could not publicly discuss the matter and that, \u201cboth sides signed a non-disparagement clause and agreed to keep confidential a report about Davidson written by an outside investigator.\u201d<\/h4>\n

In a June 19, 2011 \u201cColoradoan\u2019 article<\/a> by Trevor Hughes, titled \u201cTimnath Learns Costly Lesson After Paying Millions for Projects,\u201d Hughes offered a more detailed account. He wrote:<\/a><\/h4>\n

\u201cIn 2008, the small town of Timnath east of Fort Collins paid half of its $2 million municipal budget to its town manager and her engineering company. <\/i> <\/i> And while 2008 was a high point of money paid by the town to former manager Becky Davidson and her firm, IB Engineering, it was by no means the only time Timnath spent a significant portion of its money on her and her company. <\/i> <\/i> For several years, Davidson\/IB received more than $600,000 annually from Timnath, according to an audit and town financial officials. <\/i> <\/i> But a deal struck between the town and Davidson as she left under pressure earlier this year means town officials refuse to answer all but the most basic questions about how town money was spent during her tenure. Town officials say a nondisparagement clause they signed in January means they can\u2019t discuss how Davidson ran the town. <\/i> <\/i> \u201cI\u2019m going to let the past speak for the past,\u201d new Timnath Mayor Jill Grossman-Belisle said. \u201cWe\u2019re trying to use this as an opportunity to learn.\u201d<\/i><\/h4>\n

In the Coloradoan<\/i>, Hughes explained the city of Timnath\u2019s dilemma. In part, he wrote:<\/a><\/h4>\n

\u201c\u2026court records show that the town was preparing to sue Davidson over design flaws and errors in the Old Town sewer project. In a court motion, Timnath\u2019s lawyers said Davidson\u2019s actions as the town engineer \u2018fell below\u2019 the standards expected of a professional engineer.<\/i> <\/i>\u201c\u2018As part of the process of working with Gerrard to finish the project\u2026the town has discovered that the IB defendants made errors in both the design and the administration of the project,\u2019 attorneys with Brownstein Hyatt Farber Shreck LLP said in a Nov. 23, 2010 filing. \u2018As part of its work on the project during the fall of 2010\u2026the town discovered errors and omission in the plans and specifications prepared by IB defendants. The town has also discovered instances in which the IB defendants\u2019 management of the project fell below the applicable standard of care\u2026’\u201d<\/i><\/h4>\n

(NOTE: Up until the 30th of January, as far as we know, the article was available for public viewing via The Coloradoan\u2019s\u2019 paid archives for $3.95. That\u2019s how we were able to read it. On January 30th, however, we found the link was broken. The links above refer to a cached version of the page. As far as we can tell, the full version still exists in the paid archives. 9News printed a shorter version<\/a> of the article by Hughes, which contains most of the relevant information. That article<\/a> can be viewed<\/a> for free.)<\/i><\/h4>\n

According to the article and court documents,\u00a0 Davidson received a settlement that included nine months<\/i> of paid salary.. Years later, as Moab\u2019s city manager,\u00a0 Davidson felt ten weeks <\/i>of severance pay was sufficient for Olsen, who had been employed by Moab City for 25 years.<\/h4>\n

\"rd-pq6\"<\/a><\/h4>\n

The Moab City Council became aware of the Timnath controversy before Davidson was hired. The Zephyr\u2019<\/i>s GRAMA search of city documents shows several related emails between Councilwoman Peterson, Moab Police Chief Mike Navarre, who took charge of vetting city manager candidates, and City Recorder Rachel Stenta. While some of the emails have been redacted, Peterson\u2019s original email makes it clear the subject is Davidson and Timnath, though it appears no one in Moab dug very deeply into the \u201cmess\u201d Peterson mentions\u2026<\/h4>\n

On Mon, Feb 23, 2015 at 1:58 PM, Kirstin Peterson <kirstin.m.p@gmail.com<\/a>> wrote:<\/h4>\n

http:\/\/archive.9news.com\/news\/article\/174983\/346\/Timnathtownmanager12\/<\/a> 18\/2015
\n<\/i>City of Moab Mail Fw: interesting article
\nSounds like there was quite the mess over there though nothing says there
\nwas any wrongdoing on Rebecca\u2019s part. I haven\u2019t been able to track down
\nanyone to speak with yet from this area but I have gotten some good
\nfeedback on (redacted).
\nCheers, Kirstin<\/i><\/h4>\n

\"grama-kirstin-mess\"<\/a><\/h4>\n

On Feb 23, 2015, at 3:18 PM, Rachel Stenta <rstenta@moabcity.org<\/a>> wrote:<\/h4>\n

I\u2019ve requested a copy of the supplemental audit from the Town that has the
\nfinal outcome. She was cleared of any allegations or wrong doing. I\u2019ll share it
\nwith you when I get it.
\nRachel E. Stenta<\/i><\/h4>\n

On Mon, Feb 23, 2015 at 9:33 PM, Mike Navarre <chief@moabcity.org<\/a>> wrote:<\/h4>\n

I have tried several times to contact, (redacted) Town Marshall for a reference check on (redacted)\u00a0 No<\/i><\/h4>\n
\"Police<\/a>

Police Chief Mike Navarre.<\/p><\/div>\n

response. I left voice mail, no response to my calls.<\/i><\/h4>\n

Mike
\n<\/i><\/h4>\n

On Tuesday, February 24, 2015 9:17 AM, Rachel Stenta <rstenta@moabcity.org<\/a>> wrote:<\/h4>\n

I have received no response as well (from ) (redacted). I did get a call back from one reference who was the former legal representative for (redacted) . So far I have return calls from 1 out of 3. I believe Mayor Dave has a couple of references and was planning on speaking to the current Mayor.
\nRachel E. Stenta<\/i><\/i><\/h4>\n

<\/h4>\n

That\u2019s where the discussion ends. There are no further emails or correspondence on the subject. The \u201csupplemental audit\u201d\u00a0 referred to by Stenta, which she was still waiting to receive and planned to share with the council, is not in the list of emails. Though\u00a0 Stenta mentions that Davidson, \u201cwas cleared of any allegations or wrong doing,\u201d the report that confirmed it was not included among the GRAMA documents sent to The Zephyr<\/i> by Stenta. And, in fact, Davidson could not have been \u201ccleared\u201d of anything, because the non-disparagement agreement banned anyone involved in the litigation from expressing any opinion at all.<\/i><\/h4>\n

As for other vetting efforts, there is one other reference in the GRAMA documents, on February 25, when Davidson notifies Stenta, \u201cCould you relay a message to Michael Navarre for me? I just received the fingerprint and consent information from him last night.\u201d The assumption here is that Navarre requested her prints, to run them in the NCIS computers, for possible criminal activity, a procedure that is standard practice for any position of this type.<\/h4>\n

Spending $3.95 for a copy of Trevor Hughes\u2019 article in \u2018The Coloradoan\u2019 may have helped in the vetting process, but nothing suggests that such an effort or expense was made.<\/h4>\n

* * *<\/h4>\n

Throughout the 176 pages of GRAMA documents, other than an email from the Moab Sun News<\/i>,\u00a0 there is no mention of Davidson\u2019s employment, just prior to Moab, in Kemmerer, Wyoming, population 3000. From 2012 to 2015, Davidson was its <\/i>city manager. If inquiries were made, they do not show up in GRAMA documents. But just weeks after Davidson was officially offered the position, in late March 2015, Councilwoman Ershadi received an email from the editor of the Moab Sun News.
\n<\/i><\/h4>\n

Moab Sun News editor <moabsunnewseditor@gmail.com<\/a>>
\nDate: Friday, April 3, 2015
\nSubject: Fwd: New City Manager\"kkemmerer-e1445195717156\"<\/a>
\nTo: Heila Ershadi <heila4citycouncil@gmail.com<\/a>>
\nHi Heila:
\nGood morning! Andrew thought that you might be interested in this. It\u2019s one of seven or eight similarly toned messages we\u2019ve received. Some of these people appear to be affiliated with a group that calls itself the South Lincoln FreeMan: https:\/\/www.facebook.com\/pages\/SouthLincolnFreeMan\/347551775446030?fref=ts<\/a><\/i><\/i><\/h4>\n

<\/h4>\n

There is nothing in the GRAMA documents to indicate that Ershadi replied in writing, or that other council members commented, but it did put the City of Moab on notice that something akin to a rebellion had occurred in Kemmerer,\u00a0 and that Davidson had been at the very volatile center of it. By the time she left Wyoming to assume her Moab duties, Davidson had become one of the town\u2019s most controversial citizens.<\/h4>\n

\"rd-pq7\"<\/a><\/h4>\n

According to the Kemmerer Gazette<\/i>,\u00a0 Davidson moved to Kemmerer in early 2012, and worked early-on\u00a0 to re-structure and streamline city government. She removed and replaced several longtime employees in the process.\u00a0 Some accused her of favoritism. Public opinion about Davidson boiled over in a December 2012 council meeting, when Kemmerer\u2019s mayor, Zem Hopkins, addressed concerns about the city manager. They were in reply to a letter to the editor from a former city council candidate, Connie McMillan, who \u201cexpressed concerns about current city administrator Rebecca Davidson, (and) voiced her continued concerns about the loss of a number of Kemmerer city employees since March of this year.\u201d<\/h4>\n

But the city council stood by Davidson. The Gazette<\/i> asked two council members, Kelly Blue and Jim Burnett, \u201cabout Davidson\u2019s previous issues in Timnath prior to the August primary election. Both confirmed that the council was aware of Davidson\u2019s employment history in Timnath and expressed their confidence in Davidson\u2019s qualifications and abilities, as well as confirming their support for her in her current position.\u201d<\/h4>\n

(This is essentially the same conclusion reached by Moab officials when they inquired about Davidson\u2019s difficulties in Timnath, Colorado. And the same defensive position the Moab city council took on behalf of Davidson when she started dismissing employees.)<\/i><\/h4>\n

Finally, it was clear that Davidson believed a public meeting about her hiring practices was inappropriate and pointless to begin with. According to the Gazette<\/i>, \u201cDavidson (said)\u00a0 that the city was restructuring. None of the city\u2019s vacated positions have been discussed during council meetings, which according to Davidson is not an issue as those employees report directly to her, not the city council, and therefore the vacancies do not need to be addressed in council meeting.\u201d<\/h4>\n

There is no \u201cofficial count\u201d of the number of employees who left the City of Kemmerer during Davidson\u2019s tenure; as always \u201cpersonnel matters\u201d are exempt from public disclosure laws. And of those who left, it\u2019s impossible to confirm how many left of their own free will, how many left under duress, how many left due to \u201cre-structuring,\u201d and how many were fired.<\/h4>\n

Critics of Davidson argue that more than 20 Kemmerer city employees left their jobs during her three years in Kemmerer, including its building inspector and parks maintenance director, its director of public works, the chief of police, the events center director, the parks and recreation director, the events center assistant, seven events center attendants, the custodian, the desk attendant at the recreation center, the seasonal and lead park techs, three employees of the streets department, the recreation center coordinator,\u00a0 the police department secretary, and the IT contract employee. (NOTE: We asked Ms. Davidson to clarify the staff departures in our January 11 letter to the city manager, but she did not reply)<\/i><\/h4>\n

At least two of these employees also faced allegations of criminal misconduct by Davidson and were officially investigated by the Wyoming Division of Criminal Investigation (DCI).<\/h4>\n

Coming in Part 5: JENNIFER LASIK<\/b><\/h4>\n

Click Here to Read the Full Article!<\/a><\/h4>\n","protected":false},"excerpt":{"rendered":"

This story first appeared in the February\/March Issue of the Zephyr. We\u2019re reprinting it here, in smaller sections, to make it easier for our readers to absorb the information. NOTE:\u00a0 In preparing this article about Moab\u2019s city manager Rebecca Davidson, the Moab City Council\u2019s actions re: Ms. Davidson and the subsequent \u201crestructuring\u201d of Moab government, […]<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-15601","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"http:\/\/www.canyoncountryzephyr.com\/blog\/wp-json\/wp\/v2\/posts\/15601","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/www.canyoncountryzephyr.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.canyoncountryzephyr.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.canyoncountryzephyr.com\/blog\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/www.canyoncountryzephyr.com\/blog\/wp-json\/wp\/v2\/comments?post=15601"}],"version-history":[{"count":5,"href":"http:\/\/www.canyoncountryzephyr.com\/blog\/wp-json\/wp\/v2\/posts\/15601\/revisions"}],"predecessor-version":[{"id":15633,"href":"http:\/\/www.canyoncountryzephyr.com\/blog\/wp-json\/wp\/v2\/posts\/15601\/revisions\/15633"}],"wp:attachment":[{"href":"http:\/\/www.canyoncountryzephyr.com\/blog\/wp-json\/wp\/v2\/media?parent=15601"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.canyoncountryzephyr.com\/blog\/wp-json\/wp\/v2\/categories?post=15601"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.canyoncountryzephyr.com\/blog\/wp-json\/wp\/v2\/tags?post=15601"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}