One of those conversations you cannot have

This is what I call one of those ‘conversations you cannot have.’ There are many important issues that need to be discussed. But for many reasons, because they are considered so ‘toxic’, people never do. The desire to avoid appearing impolite or hurting someone’s feelings just isn’t worth the cost. And that is why they never get better.

As I wrote earlier, at the opening of the December 8, 2022 meeting, Chief Thomas praised Councilmember Nutting for going above and beyond to help a business owner. I fully agree with that. However, there is much more to this than a (very) good deed. Here is the press release the DMPD put out before the meeting…

But as a member of the City Council, here is how I read the sequence of events:

  • The Councilmember developed an idea for a program in a private discussion with the Chief.
  • That same day, the Chief pitched it to the City Manager who immediately began implementing a program, with a budget, that is not directly related to law-enforcement.
  • That same night, after a break-in at a local business, and apparently because the police communications officer did not know who else to contact, the police contacted the Councilmember to determine how to secure the building, and instead, Mr. Nutting showed up to perform a very good deed.
  • The Chief issued a press release announcing the program and praising the Councilmember.

And… no matter how worthy of praise Mr. Nutting’s efforts were, or how sensible the idea may sound at first glance, that is totally not how Council/Manager Government is supposed to work.

Here is how local government is supposed to work

If a Councilmember has an idea for whatever:

  1. The CM brings the idea to the City Council.
  2. If three CMs agree, the idea gets assigned to a committee for research. (And then the Chief or other staff are asked to evaluate the idea.)
  3. The committee then reviews the staff report, develops a proposal, and if the Committee votes to move forward, the idea is forwarded to the full Council.
  4. The full Council votes to establish a policy, or approve a resolution or an ordinance.

And then there is a press release announcing a new program.

That is Council/Manager Government. It’s not some ‘nice to have’. It’s how everything is supposed to work for a ton of reasons we’ll get to in a sec. But first…

At the New Items For Consideration, section of the meeting, I waited to see if anyone would raise that question. And? Councilmember Steinmetz started down the right path. Hurray for democracy! 😀

Councilmember Steinmetz: My understanding was that Councilmember Nutting was going to propose, uh, on the…

CM Nutting: I, yeah I didn’t know if we needed any of that or if it’s in the works behind the scene but go ahead and if there’s anything that needs to come in front of council with what uh um the chief and I have discussed and and um have taken care of with either getting supplies or whatever we need to do to get that in front of…

City Manager Matthias: You know, Councilmember, I think that um that we’re okay and if we were to need that we’ll bring it back to council.

CM Nutting: Perfect. Thank you Councilmember Steinmetz, I appreciate that.

Mayor Mahoney: All right. We’ll uh, we’ll let that go. Okay we’re going to start with uh board and committee reports…

The City Council is the legislative body and is tasked with developing legislation according to a specified process. We’re not supposed to wait to be asked only for what the City Manager feels is necessary or whenever he feels he needs to ask. We’re supposed to review and discuss every program that requires time/money and weigh it against the other needs of the City as part of a planned budget.

And no councilmember should be able to have a program implemented simply by mentioning an idea to a subordinate of the City Manager the same day. In fact, by State RCW, no Councilmember is allowed to suggest such a thing directly to staff.

Rule #17

Our Rules of Procedure define a heirarchy between the legislature (the City Council) and the executive (the City Manager.)

Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the City Manager and neither the Council nor any committee or member thereof shall give any orders to any subordinate of the City Manager, either publicly or privately

We should not even create the appearance that one can go directly to a staff member with an idea, and then they pass it onto the City Manager, who then implements a new program, thus bypassing the legislative process.

It’s a zero sum game…

Every idea that requires time and money deserves discussion. All seven of us have many good ideas. But with every idea there are always pluses and minuses. No matter how great an idea sounds, the time and money you spend on idea ‘A’ is time and money you do not have for  idea ‘B’. Local government is a zero sum game.

I owned a restaurant. Our place also got broken into. Total PITA, which nobody should have to go through. You have to show up in the dead of night; the board-up service often costs what seems like an absolute fortune for some frickin’ plywood; and that’s before the real repair costs!

But on the other hand?

  •  There are 24/7/365 commercial services to handle these events. So… is this really the best use of our commissioned officers of the law? Our Code Enforcement Officer already has more work than one person can handle. Do we really want to assign him to more duty? Maybe.
  • Also, that program will cost the City how much? Perhaps the same hours/dollars would be better spent, as other cities already do, on a program to provide discounted locking mailboxes (which would benefit everyone.) Or perhaps some other crime prevention program–as opposed to providing cleanup after a break-in. Maybe not.

Regardless, this is called budgeting and planning. That’s our job. We discuss things before we act because the City Council is supposed to be the legislative body. We don’t just throw up ideas based on “Hey, wouldn’t it be great if..?”

Oversight…

Another reason to maintain a professional distance is so that you can call the Administration out in the rare cases where it is necessary. It’s a bit tougher to perform oversight once you have benefited from this kind of press.

Politics…

Rule #17. is also meant to discourage the public from believing that some CMs enjoy a ‘special relationship’ with the administration. Again, without that professional distance, we get into the realm of politics:

Additionally, the Chief literally rewarded a Councilmember, who has already begun his re-election campaign, with a pretty awesome bit of free press.  It created an  impression of support from an administration that is, by law, supposed to be apolitical.

Second: Do you really want a government where residents think they can call a particular CM and say, “Hey there Councilmember. It looks like yer pretty tight with the Chief. Maybe you could you talk to him about…

But here’s the real problem…

Neither the Chief or City Manager saw any need to trouble the City Council. They just did it and put out a press release–without describing any details, by the way. So, it’s also totally vague to boot. Everything that sounds great about the program is everything that is wrong with it. And apparently the only reason my colleagues saw a possible need to discuss it as to make sure we were ‘dotting the i’s.’

And here’s my point:

This is why you wake up one day and… there’s a hotel in the north parking lot. Seriously. Because the question no one in the majority asked at that community meeting on September 27th was this:

Why was it OK for the Mayor to stand in front of a group of residents and announce a hotel in the north parking lot, when the City Council had already spent about $100k and two months going through another phoney-baloney RFQ process to site a hotel over on the other side of the Marina floor less than a year earlier?

  • November 2021: Exclusive development agreement negotiated for hotel on Parcel A after a two month RFQ process.
  • September, 2022: Mayor Mahoney announcing new hotel proposal for North Parking Lot at Des Moines Senior Center. At the time, the Council assumed that the previous agreement on Parcel A was still in effect.

On an individual level, I actually think Councilmember did a fantastic thing. I definitely would have voted to research the idea had it been presented in the correct manner.

And I’m sure that will carry absolutely no weight with anyone.

Because this is one of those ‘conversations you can never have’. But until we can have them, without defensiveness or hurt feelings, about a hundred things we should be able to talk about (like that hotel) can never really be addressed.

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