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City manager up for job evaluation

By NATHAN BRUTTELL
Today's News-Herald
Published Monday, October 19, 2009 10:30 PM MST

City Manager Richard Kaffenberger is up for a City Council evaluation tonight — but it’s not a yearly review.


Councilwoman Margaret Nyberg said she placed an item on the Special Meeting agenda regarding an evaluation of Kaffenberger’s job performance because of “several recent issues.” The evaluation will take place as a public meeting because Kaffenberger opted out of holding the meeting in executive session.

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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Comments (14 comment(s))

    bwebster wrote on Dec 19, 2009 7:39 AM:

    " What about Kaffenberger hiring his wife to fill Swan Cooke's position? "

    TiredOfAllTheBS wrote on Oct 22, 2009 2:50 AM:

    " Oops, my mistake. This past summer when I spoke to him, Mr. Abbot referenced himself as the Public Works Project Manager. At that time, he did indeed state that the test wells showed no change in nitrate levels, and he ought to have known. "

    penguino wrote on Oct 21, 2009 8:44 AM:

    " "NEWSFLASH" to TiredofALLTheBS, Jeremy Abbott is NOT the Public Works Director. You should be sure you have all your facts straight prior to making comments and making yourself look foolish! For your information, the Interim Public Works Director is Mark Clark. "

    TiredOfAllTheBS wrote on Oct 20, 2009 10:15 PM:

    " NEWSFLASH: Public Works Director Jeremy Abbott stated in a call this past summer that nitrate levels at the testing wells have not changed since the sewer project was begun. Anyone who thinks firing the city manager, alone, is going to solve much of anything is kidding themselves. Better fire the city attorney, recall the mayor and city council, and get rid of two thirds of these arrogant city staffers who've grown fat and happy off the dwindling resources of our citizens. The council simply rubber stamps their recommendations because they are too unsophisticated to make important determinations, themselves. We took a peek at a council meeting a few weeks ago in which a consultant spoke on the hours worked and pay received by firemen in departments around the country. The meeting was packed with local firemen and the parking lot was full of their fancy trucks. No old cars for them, no sir! Nyberg and other council members took turns sucking up to the crowd. I ask you, in tough economic times, with continually increasing taxes, how can you make powerful city institutions like the police and fire departments hold the line, let alone tighten their belts considerably, when the only representatives we have are a gutless, toadying group like the present city council? "

    notsoNB wrote on Oct 20, 2009 2:48 PM:

    " For those with memory problems lets go back a few years and take a look. The investigation into the fire dept regarding the mishandling of 2 medical calls and smearing the fire dept. Mr. Kaffy hired an investigator to look into the matter and it was discovered that the fire dept did nothing wrong( on file in Phoenix) . The investigation into the police dept also looked into and done by Mr. Kaffy’s friend, that was found to be unsubstantiated like the fire dept. Then we have the aquatic center investigation and firing of 2 employees. Once again investigated and found to be unfounded and has opened a door to a large lawsuit. But Mr. Kaffy’s wife got promoted to take Swan’s job. Then Mr. Kaffy brought in an outside organization to review the fire dept and police dept earlier this year. Who then got up at the council meeting and stated they were not sure why they were brought in because they couldn’t find anything wrong except a high suicide rate and software issues in dispatch. Then the sewer project fiasco. Do you really think it was a slight oversight by Mr. Kaffy? In August of 2008 Mr. Kaffy was brought before the entire city council for review because something just wasn’t right. Mr. Kaffy has lost 2 previous city manger jobs due to these very same issues of money WASTED and whose money was that? OURS. Please come to tonight meeting and voice your opinion. If you can’t go watch on the city hall website. "

    O'really wrote on Oct 20, 2009 11:54 AM:

    " Ok, well I guess I will try to post again, this time omitting facts the paper never bothers to publish so this can be posted.

    Kaffenburger and anyone else who supported the reappointment of the Magistrate should be fired or recalled. That included Nyberg.

    The single most mentioned cause of visitors NOT coming back is the towns reputation for lack of justice that leads to a wild west attitude on the police departments part. It feels that attitude is practice if not policy. By the reappointment of the Magistrate, whose qualifacations were not nearly as rounded (like a law degree) as others but whose focus was on PROFITABILTIY instead of TRUTH, this town is now dramtically worse. The statistics bear this out both is dropping tourism numbers, media coverage outside of havasu, and rising tickets (300%).

    So lets fire the bunch and get people who WANT Havasu to succeed the right way.

    I would suggest we get a bus load of people from Bullhead down here to tell us about Kaffy's tenure there. "

    Hidija wrote on Oct 20, 2009 10:29 AM:

    " I have to agree with hava-NY-er! I'm not sure who does what, or who is responsible, but I know I am tired of seeing businesses being harrassed and shut down, TAXES going out of sight! But the City always seems to have enough money to do what they want to! "

    Havasuvian wrote on Oct 20, 2009 10:21 AM:

    " northbound: As stated in the article, first line, meeting is TONIGHT. Yes, of course, police officers will be available...duh...it's their building! But, then, if you had ever been you'd already know that. Come on, people: walk the talk!! "

    resident wrote on Oct 20, 2009 9:22 AM:

    " here comes more kaffey drama...he is our own reality tv show

    ...but it will play nice for his radio persona "

    Had it with Havasu wrote on Oct 20, 2009 8:23 AM:

    " S L O W down.
    Kaffenberger does what he does with the full knowledge and support of a few. Trying to slip a million dollar contract through is nothing, but it is enough to get a peek under the carpet. Take your time and get what is needed to get Havasu back on track rather than taking a shot when you barely know what you are shooting at.

    Havasu currently has an atrocious reputation within the tri-state business community. We are not a good neighbor. We are predatory amateurs. All that does is hurt us while those few working in concert with Kaffenberger, rather than climbing to the top of the hill, are tearing the hill down so they can stand on top of the rubble. It is short sighted. A perceived benefit of a few dollars while creating an abyss of problems and debt.

    Take your time. Eliminate Kaffenberger and those he works closely with and get Havasu back on the path it was on before Harvey Jackson ran for mayor. "

    hava-NY-er wrote on Oct 20, 2009 6:28 AM:

    " I hope the good citizens of Lake Havasu do attend this meeting and demand the resignations of all the council members. Now that would be beautiful. "

    MN wrote on Oct 20, 2009 3:34 AM:

    " This sounds like a "witch hunt" proposed by a couple people, that have a vendetta against most everyone in public service in LH! "

    thevip1981 wrote on Oct 19, 2009 11:57 PM:

    " Well I see Nyberg is back sticking her foot in her mouth again. She had been more or less silent since humiliating herself by opposing the Tinnel Memorial skate park by suggesting that Patrick Tinnel was a murderer. For those who may not remember this young man was the first Havasu resident to sacrifice his life on the battlefield in Iraq.

    Now she says the city manager has to go after he admitted making a mistake in presenting a contract that was never voted on by the City Council. As I recall, it took Nyberg about 3 weeks to admit she was wrong about Mr. Tinnell. She says Kaffenberger should have known the state law and doesn't like the way he was originally hired almost 4 years ago. Didn't she just vote to renew the contract of the City Attorney's contract whose hiring she also opposed back in 2006? By the way, isn't it the City Attorney who is supposed to know the law? I don't recall him saying anything that night about Kaffenberger's proposal being illegal. And what did she do when that City Attorney had to take a 3 or 4 month leave of absence to serve his bar suspension for ethical violations? She didn't say a word. This just sounds like another Nyberg vendetta running off half-cocked and shooting from the hip... "

    northbound wrote on Oct 19, 2009 11:27 PM:

    " Wow Kaffey admits he made an error? Mark that one in the books, cuz he'll never say that again. Shame on you Kaffey go to your corner. It's about time his job got evaluated. What is the date of this meeting I plan to be there.........Hope they have a few police officers there to keep the peace. "

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