Pay hikes renew calls for city changes
With Davenport’s legal department at ground zero in a dispute over alleged improper pay raises taken by City Administrator Craig Malin, some aldermen say now would be a good time to reconsider removing city lawyers from his supervision.
“This was exactly the reason we wanted that change anyway,” said Alderman Bill Lynn, 5th Ward, of an April vote to take the action that was subsequently vetoed by Mayor Ed Winborn. “This is putting the legal department in a very precarious position. What they said was gutsy as heck.”
Lynn was referring to memos written Wednesday by Corporation Counsel Mary Thee and assistant City Attorney Tom Warner that said Malin was not entitled to three cost-of-living raises he received over a 12-month period beginning July 1, 2005.
In a memo, Warner said the city can show that Malin was not entitled to the raises totaling about $6,000 and that “the city has a legal claim for breach of contract, should it choose to go in that direction in an effort to recover any monies wrongly paid.”
The potential for conflict of interest regarding Malin’s contract was a chief reason a majority of aldermen sought City Council supervision of the legal department, said Alderman Shawn Hamerlinck, 2nd Ward, who pushed the supervisory change brought forward by a committee studying city governance.
“Craig Malin specifically cited that (Thee) was not in the room when his contract was negotiated and doesn’t understand it,” Hamerlinck said of a Wednesday memo Malin wrote defending the raises. “He cites that in his memo. With the legal department under the city administrator, they can be specifically told not to show up for contract negotiations.”
Alderman Ray Ambrose, 4th Ward, called the current situation “a perfect example of why six aldermen supported moving legal under the council’s purview.” He also blamed Alderman Charlie Brooke, 6th Ward, who was mayor at the time and who negotiated with Malin on the terms of a new contract approved in 2004.
“This whole thing could have been avoided if (Brooke) had just walked down the hall and got a simple legal opinion,” Ambrose said.
Brooke did not return phone calls Thursday seeking comment on the propriety of the raises or his involvement in negotiation of the contract. Malin said Thursday that he did not know what other advice Brooke sought or actions he took outside of actual negotiation sessions on the contract.
But, Malin said, he does not believe the current situation will affect his ability to supervise the department fairly. Only matters involving his contract have the potential to create a conflict of interest with the department. Otherwise, he and department lawyers work together on issues.
“I work for the council,” Malin said. “All of the things I’m asked to do, even if I don’t agree with them on a professional basis, I do to the best of my ability. There would never be an instance where six aldermen make a policy and there would be a disagreement between (Thee) and me on carrying it out. It ain’t going to happen.”
Malin acknowledged that he talked to Thee and Warner privately Wednesday about matters surrounding his disputed raises but said he did not question their interpretations of his contract that were given to aldermen. Both Thee and Warner did not return phone calls Thursday seeking comment on the talks.
Some aldermen who opposed the supervisory change to bring the legal department under the council said they still feel uncomfortable with the idea, but that it may need to be discussed again after the matter involving Malin’s raises has been settled.
“Things get very, very complicated when you have 10 bosses,” said Alderman Jamie Howard, at large. “At City Hall, things get very political. That is why I’m uncomfortable with removing legal from under the city administrator.”
The situation surrounding Malin prompted four aldermen to boycott a regularly scheduled council meeting Wednesday night, leaving more than 40 citizens who showed up unable to conduct business with the city. Those who did not attend were Brooke, Barney Barnhill, 7th Ward, Howard, and Ian Frink, at large. Brian Dumas, 8th Ward, had an excused absence, and Mayor Ed Winborn was on vacation.
The night’s agenda included nearly 50 items. Among them were approval of plans for a new building at Fejervary Zoo, a reduced fare plan for college and university students who ride CitiBus, actions on liquor licenses for 17 city businesses and institutions and the award of purchase agreements for fuel for city vehicles.
Thursday, aldermen were trying to find a date when the meeting could be rescheduled. At the very least, said Alderman Ron Van Fossen, 1st Ward, the council should act as soon as possible on the liquor licenses because some of them pertain to events that are time-sensitive.
Cherie Rigdon, the mayor’s assistant, said late Thursday that no special meeting has been scheduled yet. City officials will meet today to go over agendas for upcoming council committee meetings and a date for a special meeting will likely be set.
Tom Saul can be contacted at (563)383-2453 or tsaul@qctimes.com.