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Burns mayor shares concerns about confidentiality

The following are the unapproved minutes of the Burns City Council special meeting held Oct. 30. These minutes were edited for length and clarity.

The Burns City Council met in a special meeting on Oct. 30, at 5:15 p.m.

Expressing a need to move forward, Victoria Schmidt and Jennifer Keady said they were in favor of placing Councilor Judy Erwin as the interim city manager.

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Mayor Jerry Woodfin said it was brought to his attention that information discussed during executive sessions is getting out, and he would like the council to review the meeting rules. He read aloud Burns Municipal Code 2.05.070 (2), which states that, “To enforce its inherent authority, the council has the right to investigate the actions of any councilor. Such investigation shall be referred to the council as a whole in executive session to discuss any evidence or finding, including whether reasonable grounds exist that a substantial violation or repeated violation has occurred.” Under ORS 192.660(2)(b), “An accused individual has the right to request an investigation.”

Woodfin then read aloud 2.05.090(2), which states that, “No individual councilor or city council subcommittee has authority over the city staff.” He also read 2.05.090(4), which states, “Councilors may seek information from staff or by making the request through the city manager, but will not attempt to change or interfere with the operation or practice of any city department or personnel except by directing their concerns about policy to the council at large, which may direct changes to be made.”

Last, he read aloud 2.05.110(1), which states, “Councilors must keep in complete confidence all written material and verbal information provided to them on matters that are privileged or confidential under law, to ensure that privileged or confidential information and the city’s position is not compromised. No mention of information read or heard, which is privileged or confidential under law, should be made to anyone other than other councilors, the senior city staff, or designated city legal counsel and then only on a ‘need-to-know’ basis.”

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City Manager Dauna Wensenk reported that there is an interested party who would like to construct a new hangar at the airport but didn’t care for the existing lease, so the attorney drafted one. She said she would like the council’s approval of the drafted lease with her and city attorney approval.

Fire Chief Scott Williamson reported that they can’t construct a hangar any larger than what is already out there, or the fire system will be overloaded.

There was some discussion.

Erwin and Councilor Pam Smerski said they would like time to read the document.

Councilor Liz Appelman moved to approve the Airport Ground Lease For Aeronautical Improvements with the added language that newly constructed hangars can’t be any larger then what’s already out there, and with Wensenk and the city attorney’s approval. Councilor Gary Estep seconded. The motion passed 4-2, with Erwin and Smerski voting nay.

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Mayor Woodfin reported that Don Munkers declined the city manager job that was offered to him. Woodfin stated that, in order to move forward, he recommends Dennis Davis as interim city manager at $30,000 for six months with benefits. He said he came to this decision because Davis was scored by the committee in round 1 and was the second highest or the No. 2 pick. He also stated that Wensenk has no problem working with Davis and getting him up to speed.

Smerski asked what kind of authority Davis would have.

Woodfin stated that the interim city manager works for, and answers to, the city council.

Erwin asked why he would receive benefits when Munkers wouldn’t have.

Woodfin stated that he will receive his salary, insurance, and sick leave.

Wensenk stated that, because he’s not a contractor or provided this service to other cities, he will be hired as an employee. Munkers would have been hired as a contractor.

Woodfin also stated that Davis can apply for the permanent city manager position if he wants to.

Councilor Lynda Fine expressed concern about Davis’ lack of experience.

Wensenk stated that she will not be in the capacity as city manager after Nov. 18, but will be around to help with accounts payable and to fill in.

Erwin stated that she has a problem with taking someone from round 1 because it creates problems with public perception.

There was some discussion.

Estep stated that he was resigning from the council and left the meeting.

Woodfin moved to offer Davis the interim city manager position from Nov. 18, 2019, through May 18, 2020, at $30,000. The motion passed on a 3-2 vote, with Fine and Erwin voting nay.

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Woodfin stated that the council needs to move forward, and everyone needs to get along and be more professional.

The next council meeting is scheduled for 6 p.m. Wednesday, Nov. 13, at city hall.

Randy Parks
Editor Randy was born in Iowa, and spent most of his life growing up in the Hawkeye State. After a few years in college, he settled in Idaho for a decade, skiing, golfing, and working at Sun Valley Resort. He married in 1985, completed broadcast school, and moved to Harney County in 1989 to work for KZZR. After 16 years of on-air work, he left the radio station and went to work for the Burns Times-Herald.

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