Here we go again. The DeKalb city council will address, in public session, a contract with consultants (the Chicago-based law firm Klein, Thorpe and Jenkins) hired to help “the City restructure its building and housing code enforcement procedures to more effectively deal with the issues brought about by current economic conditions.” At least that was the understanding as portrayed in a letter from the firm to Mark Biernacki on September 14, 2011.
Don’t be surprised if the city council has already discussed the item in closed session. The City denied a FOIA request filed by Lynn Fazekas for records involving communications between Klein, Thorpe and Jenkins and city staff. The city claimed an exemption under attorney-client privilege in its denial. The Illinois Attorney General’s Public Access Counselor is reviewing the case. Klein, Thorpe and Jenkins billed the city $58.50 for discussing the FOIA request with Steve Kapitan on November 4.
Biernacki does have the authority to enter into a professional services contract without council approval as long as the contract is less than $20,000. He hired retired police lieutenant, Jim Kayes, as an independent contractor to perform the duties of a Rental Inspections Manager in October, 2007. The contract, which ran through September, 2008, stated that Kayes was paid $40 per hour for each hour of work he turned in on a bi-weekly basis. The contract did not specify a limit to billable hours and included reimbursement for expenses incurred by Kayes, plus use of a City vehicle and equipment. Then City attorney, Norma Guess, stated in a letter that Kayes contract was approved by Mark Biernacki. Her letter also stated that the position and the contract was discussed by City Council during closed sessions and therefore the minutes regarding those discussions are not available to the public. According to state statutes (see page 21) exceptions to the Illinois Open Meetings Act do not authorize discussions concerning independent contractors other than legal counsel.
Another not-good-government example was Biernacki using the “$20k rule” to hire then 3rd ward alderman Vic Wogen to do work on the downtown improvement plan. That deal got so messy that the city council voted to reduce the $20k rule to $10k. Later the council was convinced to return the amount to the $20k level.
Klein, Thorpe and Jenkins has already charged the city $17,828. Biernacki, in public session, is asking the council to approve a contract not exceeding $40,000 for the consultants to finish their work.
The scope of work called for in the contract included interviewing city council members to discover the desires of the council. That is questionable according to the Open Meetings Act. But Klein, Thorpe and Jenkins billed the City at least $6,000 for billable hours related to meeting with the mayor and city council members. Those meetings occurred before the consultants met with the Safe Housing Task Force. The consultants did not review Task Force meeting minutes until after meeting with the city council members.
And now, on Monday January 9, the city council will discuss the matter in public session for the first time.
According to minutes of the Safe Housing Task Force for November 16, 2011, committee member Ed Wilcox stated that the vast majority of DeKalb includes homeowners and renters that have nothing to do with the northwest side of town (which appears to be the target of the rental licensing and inspection programs). He added that the entire community has to be part of the process or it is fundamentally flawed before it begins. That’s good advice.
Another member, Herb Rubin, asked what the role of the Task Force was. He added that the Task Force is aware of the issues and addressing them, and doesn’t understand the City paying a firm to do the same thing.
Perhaps the Task Force was not taking the direction staff wanted them to take?
The rental licensing and inspection program, and the nuisance ordinance, is obviously near and dear the appointed administrative staff’s heart. An independent contractor was hired, illegally some might say, to run the program before it was approved in 2007-2008. In budget hearings even though the projected revenue from the still unapproved program was stricken from the budget staff insisted that the expenses remain. Taxpayers paid those expenses and after much public outcry the program was nixed… until now.
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9 Comments
Rubin-Mason. Socialism, Inc.? Crony Capitalism? Say it ain’t so Jim! Jeesh. I don’t think I want to lift those covers off of local government anymore.
most of the document was consensual emerging from round robin committee dialogue. Committee was trying to do the last stage of the document and was searching for an enforcement mechanism that seemed fair. Mason as a guest introduced an idea that made sense and Rubin simply put it into the document.
Don’t panic Jim and I are still galaxies apart on most political issues.
What has made the sub-committee meetings enjoyable? (if you can consider any 3 hour meeting on a lovely Sunday enjoyable) is that there is real give and take and no sense among any of the participants that their ideas have to prevail.
Like Please don’t stop Mac man.
I see why you ARE the high powered articulate velvet-voiced spokescritter here. My flash on the open kimonos of Rubin-Mason Socialism, Inc has me reaching for the Brain Bleach once again. Apologies.
Herb, I AM grateful that there are people that put up with three hour meetings, and us.
I think I’m relieved to read that it was consensual.
So that I am offering solutions with my complaints: Why does local government insist on punitive policy? Once, just once, try award and recognition for voluntary participation in programs for community development. For very simplified example, the Safe Housing Task Force could facilitate a community authored “ten commandments” for safe housing and award landlords with authorized use of recognition award logos colored from bronze to platinum based on level of participation. Competition required of success in the free market will demand participation by those worthy of recommendation and renters (and their parents, if applicable) will select accordingly. NOTE: This or any other successful idea would require staff to enforce existing codes. It would also make success more likely if deliberately designed neighborhood decay, for the purpose of TIF creation, was forevermore forbid in the City of DeKalb.
I agree; the minutes were toned down and “sanitized.” I attended the meeting, was recognized by the chair and asked when the city council vote was taken on the hire. I wrote down the answer, which was that KTJ was hired under the city manager’s authorization. That is not what is in the minutes.
for historical correctness I hope you ask for the SQTF minutes to be revised. I do believe the council has to vote to accept those minutes and would likely do so as part of consent agenda.
My comments were very sharp in questioning the role of the attorneys qua consultants. The comments were toned down in the summary minutes.
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Mac
The new landlords association is working closely with the TF and both the association and the TF itself are moving in the direction of creating a positive atmosphere for both landlords and tenants.
The subcommittee I’m on has submitted a document (that hopefully the consultants will turn into ordinance language) that encourages cooperative work between the city and landlords and only moves towards a punishment model with those few owners who simply refuse to be cooperative.
The document was a subcommittee draft though I did the final writing (that was then edited). Jim Mason who was attending the meeting had no problem with what had been written. Talk about building a consensus Rubin-Mason, unbelievable but it happened through give and take over several meetings.