Lakewood Informer

Resident generated news about Lakewood, Colorado

Lakewood Informer

Resident generated news about Lakewood, Colorado

Author : Lakewood News from Karen

City Manager Employment Agreement

Lakewood’s City Manager Employment Agreement is publicly available. A comparison below shows some of the employment agreement changes throughout the current City Manager’s tenure, along with some considerations that may be taken into account when evaluating a public servant contract. A quick glance at the chart below shows that the City Manager’s base salary has risen by $93,000 in 13 years, an almost 50% raise or 3.7% per year. Paid time off, health benefits and retirement have also risen. Retirement benefits started with the same benefits as regular employees plus one year of severance, and have risen to all of that plus a defined benefit from the City Manager’s Retirement Pension Plan plus maybe more. (The money purchase pension benefits may be continued through 2014 agreement, unclear.) *Stated during Dec 19 City Council meeting **The extra retirement benefit is ambiguous. Read the highlighted section below and see what you think. There seems to be a new benefit in the event of retirement (which the City Manager now qualifies for). Comments from council during the meeting indicated that the item of most interest was length of tenure of employee and population of city. Analysis of duties included, such as city-wide waste and/or water, was not included. Other items of interest shown in the chart below include that the City Manager makes at least 4x the base salary of the average Lakewood resident and city employee. At the same time, the community survey shows resident satisfaction with city services is decreasing. Sources: Overall satisfaction with city services Average city employee salary $56,000 (2022) $65,000 (2022) **The extra retirement benefit is ambiguous. ~Corrections: 1/19/23 to remove salary increases were mostly due to salary surveys.

A Look Back

Guest post by Lenore Herskovitz On February 19, 2022 the  City held an “ in person only” Annual Planning Retreat. The attendees consisted mostly of Council members, the Mayor, the city manager and 4 members of the public. The only record of this meeting was a written summary provided by the facilitator Heather Bergman. This year’s retreat is scheduled for January 28 so it seems like an opportune time to look back at the status of the priorities that were set last year. The priorites fell into several categories including: These topics were assigned 4 designations to determine the focal efforts of the City in moving forward: potential new initiatives, staff circle backs, current efforts and study sessions. During one of the retreat exercises, the councilors prioritized 6 potential new initiatives: When the city manager was asked if she thought the 6 goals were achievable, she cut the list in half citing staff shortages and budgetary constraints. So where do we stand as of January, 2023? On the plus side, a Safe Lots  ordinance change took effect, but according to Councilor Vincent, only one church in Lakewood ( located in Ward 2) is participating in the program. Distressed properties finally made the Council agenda as a study  session on December 19, ten months after the retreat. On February 6, 2023 there is a study session scheduled with a presentation on the Strategic Housing Plan. It is uncertain what this entails. The use of the term “strategic” is interesting because staff had altered the name of the Strategic Growth Initiative (SGI) to the Residential Growth Limitation Ordinance, which has a more negative connotation. Now the word “strategic” is being used to describe staff’s housing plan. Last spring the majority of City Council members voted to disband the Development Dialogues the day before the group planned to address inclusionary zoning claiming it was redundant because the Housing Policy Commission would be dealing with this issue. This commission spent 2022 focused on short term rental (STR) policies. On January 23, 2023 there will be a first reading of the STR ordinance. More than 8 months have lapsed without dealing with inclusionary zoning. What progress could have been made if the Development Dialogues had been permitted to do their work on this? Regarding public safety concerns, Councilor Janssen held a well-attended community meeting independent of City Hall to discuss this very important topic. Speakers included an Aurora City Council member and a state legislator. The majority of council members have been reluctant to address public safety concerns in spite of the rise in crime and repeated attempts by constituents and Councilors Janssen and Springsteen to discuss these issues at Council meetings. On January 9, at the most recent Council meeting, Councilor Janssen submitted a request for legislative modification to create a Public Safety Committee. This will be discussed further at the upcoming retreat. At the last annual planning meeting a mid year follow-up was discussed but never happened. Presently, the evaluation of progress on priorities occurs annually. Once a year accountability is not sufficient. Perhaps after priorities are established on January 28, updates can be presented to the public at City Council meetings on a quarterly basis to let the community know exactly how issues raised are being addressed. Hopefully then we will be able to look back at 2023 as a year of goal fulfillment.

Council Member Jeslin Shahrezaei speaks on Council disruptions, and proper process

Lakewood City Council Member Jeslin Shahrezaei joined us on January 6, 2023, to discuss a variety of issues. Starting with her views on the Moms Demand Action meetings, meeting disruptions, and how the process should work. Thank you, Councilor, for continuing through an especially bumbly interview – I won’t quit my day job. Council Member Jeslin Shahrezaei Interview Part 1: Moms Demand Action, Lakewood City Council meeting disruptions December 2022, and proper processes Council Member Jeslin Shahrezaei Interview Part 2: Continuation of meeting process, Lakewood City Manager agreement amendments, future goals and DRCOG Highlights from Lakewood City Council Member Jeslin Shahrezaei (loose transcription): (Regarding muting) it’s not as black and white as people’s free speech being dismantled through muting …. Ultimately everyone has the right to their opinion, and they should be able to speak, and I don’t know that I necessarily agree that that’s not what we’re seeing We were asked to renew a contract because earlier in the year we had found consensus. The staff member was doing a job that was well enough to continue their service to the community. I trusted the ability of the mayor and the mayor pro attempt to sort of operate that process What the agenda was requesting of us was to vote yes or no on the extension of the city managers, contract and that’s what we did I did not see a single counselor come prepared to bring an amendment…. We were at the point where you needed to be able… to post an amendment to this….that work hadn’t happened.

Councilor Able speaks on freedom of speech, campaign finance and more

Council Member Charley Able joined us on December 29 to discuss the meetings regarding incentives for the Lakewood City Manager. Those meetings resulted in first, a denial of executive session on December 5th, followed by a public meeting wherein members accuse Lakewood Mayor Paul of muting their microphones. (a second attempt to reach Mayor Paul has not yet been answered) I have cut the video into a couple parts for viewability. Both contain information and news for Lakewood, Colorado Charley Able Interview Part 1: Fighting for transparency and to have his voice heard Charley Able Interview Part 2: Campaign finance, special interests, homelessness and home ownership. Highlights from Lakewood City Council Member Charley Able (loose transcription): The mayor muted me. He didn’t want to hear what I had to say, even though I had to listen to his point of view on the same subject. In the run up to [the Dec 5] meeting, the mayor provided council with no information at all. Not the wording of the new incentives, not the wording of the new incentives in the context of the contract she’s working under now … its not what constitutes a lack of decorum to me but what constitutes a lack of decorum to the mayor. And apparently it’s just someone saying no mayor, you didn’t speak correctly there. Charley Able …by not allowing us to communicate the facts to our constituents and that [muting] our speaking time at city council meeting, I believe the mayor is interfering in our first amendment rights. In Part 2: We need to follow through with the promises we’ve been making (on home ownership)

No Comment from Mayor Paul

LakewoodInformer reached out to Mayor Paul for comment on muting. It was (still is) the holidays so we gave it a few days but wanted to report that as of now, there is no comment from the mayor of Lakewood, Colorado. We will always take comment from those involved in our stories. Email sent: Dear Mayor Paul, I am reporting on the Dec 19 meeting with the city manager contract and muting of councilors. Would you like to comment? The reasons you stated in the meeting were a need for decorum, to keep to the agenda items, and a need for discretion with personnel matters. If you’d care to expand on that, please let me know. I am also available for a zoom interview any afternoon this week.  Possible questions to answer: Thank you

Moms Demand Action Not Invited to Council

After the Moms Demand Action came to a Lakewood City Council meeting, a rumor started that they were invited by City Council Member Jeslin Shahrezaei. I asked Councilor Shahrezaei herself and she denies that she invitated them. A CORA (Colorado Open Records Act) request on correspondence regarding that meeting and the documents support her claim. Indeed, Moms Demand Action are active in several areas outside of Lakewood, showing Lakewood was not specifically targeted. To be clear, if Council Member Shahrezaei had invited them that would be within her rights and theirs. But spreading false information is hurtful to all sides.

Interview with Rich Olver

Council Member Rich Olver graciously sat down with us on December 22, to talk about the recent meeting where he was muted during discussions regarding incentives for the Lakewood City Manager. I have cut the video into a couple parts for viewability. Both contain information and news for Lakewood, Colorado Part 1: How the job is going and other tidbits about how the City Council and the City of Lakewood Colorado works Part 2: The December meetings about the City Manager incentives where Councilors were muted Notable remarks from Rich: “They said that, in the May meeting,  the Mayor and Mayor pro tem should do the renegotiation. Only those two would do the negotiations for the contract, for the contract modifications. It was only a small piece of the contract and some oversight. They took away a lot of oversight. …it’s the number one job we have [to oversee the City Manager and contract]” Rich Olver “Charlie started the comments and he paused and the Mayor muted him and recognized someone else to talk. …the floor should have come back to me, so I started speaking so he muted me and went to the next person.it went back to Charlie and then the Mayor muted him two minutes into his talk and passed the floor to me. The Mayor interrupted me several times and he muted me several times [The mayor] has done this many times to Councilor Springsteen, and no one has really spoken up when he has done that to her.” Rich Olver So if the people change the people on Council so that the minority, of which I’m a part of, became the majority, then we could change the contract back to something a little more reasonable. Other updates (See the end of Part 2 for this discussion):

Lakewood City Council members criticize mayor for muting their mics during Zoom meeting

Authored by Jeffrey A. Roberts via Colorado Freedom of Information Coalition Three Lakewood City Council members are raising free-speech concerns after Mayor Adam Paul muted two of their microphones while they spoke during a Monday meeting on Zoom convened to consider changes to the city manager’s contract. “You did not mute the other councilors who were singing her (the city manager’s) praises,” council member Rich Olver said to Paul during the 43-minute meeting. “You just want to mute the councilors who are not singing her praises.” Continue reading at ColoradoFOIC.org

Decorum v. Free Speech

Guest post from Lenore Herskovitz On December 5, the Council was scheduled to go into executive session for the purpose of discussing personnel matters pertaining to re-incentivizing City Manager,  Kathy Hodgson’s employment agreement. Unfortunately, before the meeting was to begin no written materials about the topic were provided by Mayor Adam Paul or Mayor Pro tem Sharon Vincent. As a result, Councilors Able, Springsteen, Olver and Janssen voted against going into executive session. The discussion regarding Ms. Hodgson’s contract was rescheduled for a public meeting on December 19. The Mayor did not seem pleased about this change in plans but did not acknowledge any personal responsibility in causing the delay. The Mayor referenced the canceled executive session several times on the 19th, placing full blame on the four Councilors. As the special meeting progressed, the Mayor repeatedly interrupted or muted Councilors Able, Springsteen and Olver. Councilors Mayott-Guerrero and Shahrezaei praised the City Manager without mentioning any of her specific accomplishments. They both stated that they supported the contract. When Councilor Olver offered an opposing view, he was interrupted by the Mayor who continued to talk over him for the remainder of his comment. The Mayor stated that personnel matters were meant to be held in private to avoid personal liability issues resulting from making negative comments in public. It was perfectly acceptable for the two councilors to make positive comments about Ms. Hodgson to explain their support of the contract, but the councilor who opposed it had his explanation suppressed. Mayor Paul often justifies his muting of oppositional positions by claiming he is trying to maintain decorum. In reality, he appears to be silencing the councilors who challenge his views. It should be noted that a man named Eric Brandt (presently incarcerated for attempted retaliation against a judge) would participate in the public comment portion of council meetings by spewing profanities for his 3 minutes. The Mayor never interrupted him, presumably fearing a potential lawsuit for violating First Amendment rights to freedom of expression. Shouldn’t our city councilors be afforded the same rights? The Mayor’s definition of decorum appears synonymous with compliance: not making waves, not questioning staff, and being a team player. When challenged, Mayor Paul responds defensively by chastising, humiliating, demeaning or simply placing the individual on mute. As the meeting on the 19th was drawing to a close, the Mayor called for a vote on the contract issues while Councilors Janssen and Olver had their hands raised to speak. The Mayor ignored them and proceeded with the vote which was 7 to 4 in favor of the contract. Ignoring raised hands and muting speakers is a lack of decorum more serious than opposing views spoken in moderate tones. It is time for free speech to reign so our councilors can do their jobs without fear of retribution and effectively represent their constituents’ interests

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