City Manager Richard Kaffenberger is up for a City Council evaluation tonight — but it’s not a yearly review.
Nyberg said the biggest issue revolved around Kaffenberger’s proposal Sept. 8 that would have awarded more than $1 million to Faithful+Gould through direct selection to continue the sewer project. The council did not approve the original proposal and later found that it violated state statute.
“What he did with the recent Faithful+Gould contract put us in a place where we could’ve been sued if we voted on it,” Nyberg said.
Kaffenberger later admitted he erred with the proposal and revised the contract, splitting the Faithful+Gould contracts into smaller amounts while retaining an AMEC contract. The council denied the second proposal, agreed to parts of the contract and submitted the rest out for qualifications. Nyberg said admitting that there was a mistake was not enough.
“He said he made a mistake but that’s his job to know that kind of stuff and if we voted on it, we could’ve been in a lot of trouble,” Nyberg said. “I think there are several things here that we need to talk about. … This isn’t the first time we’ve had problems.”
Kaffenberger said he would not respond to the allegations before tonight’s meeting.
“What I have to say regarding these issues will become loud and clear (tonight),” he said, adding that he was not previously aware of any continuing issues with the council. “This is not anything I knew was on anyone’s mind, but I’ll make my voice clear during the meeting.”
Nyberg also cited the process that led to the firing of former Lake Havasu City Aquatic Center employee Swan Cooke. Cooke was let go March 10 for theft of services after it was alleged that she offered free swim lessons in exchange for babysitting services and other personal favors, according to News-Herald archives. The Equal Employment Opportunity Commission studied the case and the city’s role, Nyberg said.
“(Kaffenberger) had the EEOC looking down at us for that,” she said. “It’s not one issue, it’s several.”
The council will also hold a public hearing to consider appointing an interim city manager. Nyberg said she also made the request for the public hearing.
“That will only come about if we decide to fire him,” Nyberg said. “What we would do is go out and have a company do a full search for applicants and do an interview process. If it happens, we’re going to make sure we do it the right way this time.”
Nyberg referred to Kaffenberger’s hiring as the “wrong way.”
“We didn’t go out and get a search before, he was just appointed without a process,” she said, adding that she had no particular candidates in mind for the possible interim position. “We have many who are very capable who could very easily step in and do that but I don’t have one person in mind.”
Nyberg said she hopes citizens will come out for the meeting and voice their opinions.
“I want them to have their say one way or the other,” she said. “I want the positive and the negative to come out. This is their city and they need to let us know how they think he is being in their city.”
Vice Mayor Dave McAtlin said he was not previously aware of any continuing issues with Kaffenberger’s performance.
“I don’t have a clue what this could all be about. I haven’t talked to other council members to get their thoughts. I thought we had resolved those particular issues,” McAtlin said. “When I first came onto the council, we had a few issues but we seemed to resolve them.”
Kaffenberger’s current contract is set to expire Sept. 30, 2010. He previously indicted that he would not be seeking a renewal on the contract but added that he had no plans or thoughts of resigning.
You can contact the reporter at nbruttell@havasunews.com


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