DATE: October 20, 2009
FROM: Mark Biernacki, City Manager
PHONE: (office) 815-748-2090
FOR IMMEDIATE RELEASE
City of DeKalb to Consider Limiting Aldermen’s Ability to Work on City Projects
At its October 26, 2009 Committee of the Whole meeting, the City Council will discuss possible changes to its policies and procedures as they relate to Aldermen working on City projects. City Manager Mark Biernacki said the Council was scheduled to consider some rule changes at a later date as part of its longer term review and overhaul of its financial policies. However, DeKalb Mayor Kris Povlsen will be asking the City Council to give this topic more immediate attention. “We need to address this now in light of questions I have been receiving on the propriety of the City’s procedures when it authorized Alderman Victor Wogen to work on several downtown maintenance projects,” said Povlsen.
According to City Attorney Norma Guess, the City’s current rules do not preclude an Alderman from doing business with the City provided certain procedures and State statutory limitations are followed. The State Statutes and City’s rules require appropriate quotes, bids, and/or requests for proposals from qualified businesses or individuals. According to State law, if the low quote happens to be from a City Council member or the employer of a City Council member, then that City Council member must abstain from voting on the award if its approval requires City Council action. However, according to State and City law, projects with a price tag of less than $20,000 can be administratively approved by the City Manager without Council action.
Biernacki said Wogen submitted the lowest quotes on six out of eight separate maintenance jobs on various downtown properties in 2008. The two other maintenance projects were performed by other contractors. “All of the projects involved restoring and weather proofing brick and masonry building walls exposed to the elements as a result of the City’s acquisitions and demolition activities on adjacent properties,” he said. “Our intentions were good in that we tried to have these projects done at the lowest cost to the taxpayer. Since his quotes were the cheapest of those received and were less than $20,000, I authorized him to proceed with the work,” Biernacki said. The total cost of the six separate projects was $52,880.
“Since taking office, it has been my goal to make the City more transparent in all of its practices and procedures,” Povlsen said. “While our Legal Department has said no rules or laws have been broken, I am still not satisfied with the way our current regulations or past practices have allowed certain things to occur.” He said some of the options for the City Council to consider include an outright ban on Council members doing any business with the City or require there to be more controls, disclosures, and limitations in those instances where it may be allowed to continue. “For me, transparency is the key. Anything we can do to avoid the appearance of impropriety is good for the City and the DeKalb community.”
Editor’s Note:
WTF?
If this City of DeKalb press release intrigues or enrages you then you absolutely must read this blog from City Barbs (click here).
This is NOT good government. The improprieties are transparent.
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11 Comments
I would also like to be able to see if any of the final invoices had any extras to the original bid. Were the bids opened in public? These are a couple factors that could swing this one way or the other with regards to the city managers involvement.
The Dekalb Chronicle gets scooped..again.
First by Citybarbs.com and DeKalbcounty-IL.com….Now the Northern Star
http://www.northernstar.info/article/8686/
Now I finally have a reason the equate Mr Povlsen's politics with that of Richard Nixon's. The quote here is classic:
Povlsen said. “We want to show that I am not a crook and that the city manager is not trying to do business out the back door"
Wow! I had a feeling that things were not quite kosher at city hall but I think I am now starting to understand how big the gonads are on some of those down there. This definitely needs to be investigated and I will tell you all another thing, after reading about how Woggen's company failed to comply with the Illinos prevailing wage act, I can only say that I'm afraid that his company is probably guilty of the same violation here on the jobs that he and his company performed for the City of DeKalb. This is how many companies beat other companies when bidding for these jobs. I wonder why the City of DeKalb did not monitor this better?
At what point do you think that someone should really be investigating our city hall? Investigating the closed sessions that our city council so faithfully rely on and so encouraged to do so by our city manager. How about investigating the city manager's office along with all the books within that office and the Assistant City Manager's office. Maybe even delving into the City Attorney's office along with knocking on the city clerks office for a record of these many closed sessions the council actually does take and see if all topics discussed warrant a closed door policy. I would also strongly encourage opening up the checking account funded by the "general fund" and TIF right down to all of the books and contracts associated with DeKalb Taylor Municipal Airport and Ms. Patricia Daley.
Maybe it's just me but maybe it's just time.
I wrote to DeKalb City Attorney Norma Guess on the Wogen issue. Here is her E-mail response (defense, if you will, of the city's shenanigans)
———————————–
Dear Mr. Charvat:
Please be advised that I have reviewed the factual situations regarding
your claim of a conflict of interest on Alderman Wogen's part. At the
time of the City Council's authorizations for the purchase of the
subject properties and demolitions, the condition of the adjoining
properties' exterior walls was not, and could not be, known.
Accordingly, since neither Alderman Wogen, nor City staff, knew of the
future need for masonry work to those adjoining properties, there was no
statutory need for Alderman Wogen to recuse himself from the discussions
or votes on the purchase or demolition of the subject properties.
With regard to his company's performance of work for the City, I have
attached a copy of the Press Release issued by the City on October 20,
2009. It should address the issues that you have raised. If, after your
review of the Press Release, you have further questions, please feel
free to contact me.
Norma J. Guess
City Attorney
—————-
Once again, further evidence the city elected the wrong person as Mayor. I hope the community at large recognizes the diligence of Lynn with not only this matter but in so many other aspects of her involvement in local government. What was the third candidate’s name?? I can’t seem to remember since he disappeared from the radar the day after the polls closed.
http://www.dekalbcounty-il.com/wp-content/uploads…
This was posted originally as an rtf file over at City Barbs. I converted to a pdf for those having difficulty opening the file.
The date on the CityBarbs blog certainly looks like 10/19 to me.
Gotcha
It is very obvious where credit is due:
http://www.citybarbs.com/?p=2300
At least the cat is out of the bag, although those cat paws smeared hypocrisy all over the place.
And it just keeps getting worse. H/T KS http://www.iiiffc.org/pdf/violators/2009/MasonryW…
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Mac, once again, you've broken news here. From the picture above, it does appear that Mr. Wogen at one time owned an actual suit jacket (or at least was able to borrow or rent one for this picture). Who knew?