(REDUX) ‘WHAT’S PAST IS PROLOGUE: CITY MANAGER REBECCA DAVIDSON, part 8 of 9

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

A LETTER FROM THE CITY ATTORNEY

On January 25, The Zephyr received a letter from Moab City Attorney Christopher McAnany, responding to at least some of the questions I had posed to him and to City Manager Rebecca Davidson, earlier in the month. McAnany advised me that his letter would be, “in lieu of any further response from Ms. Davidson,” though in fact there had been no response from Davidson at all.

McAnany confirmed that there had been no peer review or third party scrutiny when the City of Moab responded to The Zephyr’s GRAMA request. He wrote, “The City Recorder made an initial determination as to those documents which were responsive to your request, and subject to production under the law. In doing so she asked that all City Council members produce all responsive records for her to review.” In other words, Rachel Stenta advised the council, mayor and city manager what subjects The Zephyr was pursuing and they in turn independently determined which emails they thought appropriate.

With respect to the “restructuring” of city government, McAnany claimed that all discussions by the City council were conducted in “executive session, ” including the “reorganization of departments,” and he noted that the closed sessions were conducted, “as allowed by Utah law.” And McAnany wrote, “The City does not comment publicly on employment status of individual employees, but I can tell you that all matters with the employees affected by the Council decision have been settled to the satisfaction of the parties.” And he noted that the lack of paperwork was, “not unusual.”

Regarding the hiring of Tayo, Inc., just three weeks after Davidson assumed her duties, McAnany explained that, “The contract was executed on an emergency basis because of the discovery of a serious computer security issue in the City’s systems.” There was nothing in the GRAMA documents that claimed a “serious computer issue” had become an “emergency” in early June. Stenta noted the potential for problems and in late August, as noted, she requested emergency funding. Also McAnany refers to a “contract” which contradicts Stenta’s assertion that no contract was signed.

The fact that Tayo’s co-owner,Tara Smelt, was Davidson’s former Communications Director in Kemmerer, and who in fact was still employed in Wyoming, was not an issue. McAnany wrote, “…we are not aware of any conflict of interest as to this project.”

Finally McAnany went to some length to explain the City Council’s intent when it offered Davidson the position. He wrote, “When Ms. Davidson was hired the City Council gave specific direction as to a number of priorities and changes that it wanted to implement.”  And McAnany admitted that such changes could result in, “painful personnel decisions,” but that ultimately they were “for the overall good of the organization.”

“Whatever bad things are being said by the critics of Ms. Davidson,” McAnany concluded,  “the fact is that she was carrying out the express direction given to her by the elected leaders on the City Council.”

No one would argue that. But what it means, in the end, is that the council had personal “priorities,” way back in March 2015,  including the restructuring of city government, and hired Rebecca Davidson, with her aggressive management style, to implement those priorities. Restructuring the entire city government, as a public issue, for discussion and debate, was never considered.

Then, over the next six months, the council, mayor and city manager moved quietly forward, and exclusively, in a series of “executive sessions,”  behind closed doors, to craft and shape its reorganization plans, leaving the staff and the citizens of Moab oblivious to their work, until the evening of September 22, when they approved their plan unanimously and, 16 hours later, began to implement it, via the city manager, with the dismissals of Davey and Olsen.

Coming in Part 9: “WHAT’S PAST IS PROLOGUE?”

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