This story first appeared in the February/March Issue of the Zephyr. We’re reprinting it here, in smaller sections, to make it easier for our readers to absorb the information.
NOTE: In preparing this article about Moab’s city manager Rebecca Davidson, the Moab City Council’s actions re: Ms. Davidson and the subsequent “restructuring” of Moab government, The Zephyr sought information from a variety of sources. We filed Freedom of Information Act requests, via the Wyoming Sunshine Laws, with the City of Kemmerer, Wyoming and the Wyoming Division of Criminal Investigation. We filed a Government Records Access request (GRAMA) with the City of Moab, and we conducted interviews with numerous people personally involved in the issues raised here. We also contacted reporter Trevor Hughes, now of USA Today, who wrote a comprehensive article about the current Moab City manager’s tenure as city manager in Timnath, Colorado.
On January 11, we sent 15 questions to city manager Rebecca Davidson, in an effort to “clarify and resolve” issues raised in this article. She did not respond (Those questions are available to the reader elsewhere in this issue). Finally, we contacted the Moab City Attorney, Christopher McAnany, to seek clarification on the process used to fulfill our GRAMA request with Moab City. His January 24 response, which he noted was, “in lieu of any further response from Ms. Davidson,” is included elsewhere in this issue, and excerpted later in this article. Finally, we offer the City of Moab the opportunity to reply. But please note that all correspondence with this publication will be regarded as ‘on the record.’…JS
‘OFFICIAL’ & PUBLIC REACTION…AND OFF THE RECORD
Except for their immediate families and close friends, the Olsen and Davey dismissals went practically unnoticed for three weeks, when the weekly Moab Sun News broke the story, with an article called, “Two Veteran City Workers Lose Jobs.”
A week later the Times-Independent offered its own version of the dismissals in a front page article titled, “City Restructures Departments, Eliminates Two Longtime Positions.”
In the same issue, the T-I gave the new city manager, Rebecca Davidson, her own column, though there was no mention of the dismissals in her article.
Public reaction was swift and mostly angry. Social media posts on Facebook were overwhelmingly in support of the two dismissed employees, though the problem for many Moabites was the lack of information. Neither Davey nor Olsen could offer anything other than the facts; their personal opinions, due to the “non-disparagement agreement” that both signed, were prohibited. The City Council and Moab Mayor likewise refused to offer any public explanation, claiming they were unable to discuss personnel matters.
(NOTE: Only two of the five councilpersons who voted to re-structure the city staff, Kyle Bailey and Heila Ershadi, remain in office. The other three left office when their terms expired on January 4, 2016.)
Councilman Bailey
Councilman Bailey, according to the T-I, failed to return calls by the newspaper. Ershadi simply told the T-I, that re-organization was necessary, to “allocate our limited taxpayer monies in ways that would best serve the current needs of the community.”
Behind the scenes, at least some of the City Council were worried about the public reaction. Via a Government Records Access request (GRAMA) by The Zephyr, some emails related to the dismissals were obtained.
On October 19, Councilwoman Ershadi proposed a letter to the editor, in response to the Moab Sun News article. She wrote, “Especially in light of the Moab Sun
Councilwoman Ershadi.
New’s ‘coverage’ of the restructuring, I think we should put some sort of brief statement in the newspapers. I drafted a possible LTE (letter to the editor). If we hurry, we can get something in by deadline, at least for the Sun News. Please let me know what you think.”
And she included this draft for the council and Davidson to edit and approve:
“Recently, the city council unanimously approved a restructuring of the city’s staff organization. The main purpose of this restructuring was to allocate our limited taxpayer monies in ways that would best serve the current needs of the community. A few of the changes include increasing our focus on Moab’s housing needs and development process, and creating a position to oversee special events.
“The restructuring also resulted in two employees no longer being with the organization. This was a difficult decision, and was made with much deliberation and careful consideration of facts and options.
“It is not ethical or legally advisable for us to discuss the matter in detail. However, it is worth noting that the city council has members from across the political spectrum, and we voted unanimously in favor of the reorganization.
We strive to be a responsible, responsive local government.”
It’s worth noting that no one on the city council felt moved to explain their actions to their fellow Moabites, who they represent, until the story broke and citizens began to express their shock and anger.
Former Councilwoman Kirstin Peterson.
In a followup email to fellow Councilwoman Kirstin Peterson, Ershadi wrote, “Of course I wouldn’t send an LTE (letter to the editor) on behalf of the council without everyone’s permission…that’s why I sent it to the whole council. Rebecca and I already discussed running it by Chris (the Moab City Attorney).”
And Ershadi added, “I am hearing a LOT of misunderstanding and angst over the restructure, exacerbated by the article (Moab Sun News). Rebecca is being characterized as an outsider coming in and axing beloved longtime employees. I don’t think we need to go on the defensive, either, but I think we need to acknowledge people’s concerns, and state clearly that we stand behind our decision and with our city manager.”
Outgoing Councilman Gregg Stucki, weighed in, noting that he had “supported the reorganization.”
Former Councilman Stucki
“My only regret,” he added, “is in how things have gone down. We should have done a better job in showing our appreciation (i.e. throw a small party, give them a plaque honoring their accomplishments, commiserate with them, wish them well, let them know this is not personal). Despite what we now state officially, the abruptness sends a message that there were other underlying issues.”
It’s a question to ask Davey and Olsen, whether “a small party, a plaque” and some “commiseration” would have provided much comfort at this point.
In late October, in an effort to shed more light on the issue and to provide some background information re: Davidson and her previous work in Timnath, Colorado and Kemmerer, Wyoming, The Zephyr posted an article on our Blog called, “Upheaval at Moab City Hall: For Its New City Manager, Rebecca Davidson, It’s Deja Vu All Over Again.” The article consisted mainly of information and links to other articles that covered Davidson’s tenure in Timnath and Kemmerer.
Two weeks later, we posted the story on The Zephyr facebook page; it reached more than 5000 readers, including Zephyr reader, Julianne Waters. Waters is one of the co-founders, with Tim DeChristopher of the activist group, Peaceful Uprising. On November 15, Waters re-posted the Zephyr article and link, with a comment, and then tagged Councilperson Heila Ershadi’s facebook page, as well, which, as of mid-November, was open to the public. Waters wrote:
“I for one was truly flabbergasted when I heard of Dave Olsen & Ken Daveys dismissal. This is a very interesting article and one that should be shared immediately with Mayor Dave and the City Council. There’s a lot of fishy stuff going on. What do you think, Heila Ershadi?”
What followed was a long and contentious discussion about the dismissals. Moab citizen Kerry Soliz defended Ershadi and the council. Ershadi herself participated in the discussion, arguing that the termination of Davey and Olsen should not have shocked either of them. In the comment thread, Ershadi wrote:
“I think if I were seeing the restructure from another perspective,and not from the inside, I would feel exactly like you. However, being on the inside, I was privy to other information. Because it involves personnel, it’s not legally or ethically advisable for me to discuss it.
“And certainly, it was not a surprise for David or Ken, I am quite sure. That’s a rumor that made it into print, unfortunately.”
Later in the facebook thread Soliz insisted, “I do not believe there was a surprise firing and a two hour window to clean out an office. I believe both Ken and Dave had notice this was going to happen, were given adequate advance notice and a decent severance package. I am disappointed in Jim for spreading gossip and instigating emotional reactions.”
(NOTE: It was the article in the Moab Sun News that described the circumstances of Olsen’s quick exit, and we might add, accurately, not The Zephyr.)
When Moabite Janet Buckingham, in the same thread asked Soliz why she believed this, Soliz replied, “Speaking with council members personally.”
Other Moabites on the facebook thread responded to Soliz’s comment, asking how council members could have spoken to her about the issue when publicly, they’d claimed they couldn’t discuss the matter at all. But Soliz defended the council member who spoke with her personally, writing, “I think it is reasonable for them to answer direct questions and they did not delve extensively into personnel issues but addressed questions I had about the article in the Sun and Jim’s report.”
But she would not identify the councilperson.
Two days later, Ershadi deleted all of her comments, an action that was noted by Waters and Buckingham. A day later Ershadi removed her facebook page entirely. Over the next month, Councilperson Ershadi re-activated and then de-activated her account at least three times, explaining once that she was, “taking a break from social media.” As of this date, it is not visible to the public.
(NOTE: Fortunately, before Ershadi deleted her comments and removed the post, The Zephyr copied and pasted and took screen shots of the entire comment thread. We posted that long thread on the Zephyr Blog in late November.)
Coming in Part 3: WARNINGS AND ‘SURPRISES.’
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