This week, in 3 parts, we have discussed the background, and the pro's and cons regarding where the Oro Valley Police Department should report: To town council or to town manager? Today, part 4, is our analysis.The management concept: "If it ain't broke, don't break it" was replaced by"If it ain't broke, break it" in 1986.
Successful businesses, those that thrive over time. break the the way they do even the most successful things in order to develop new ways that are more efficient, more attuned to the times, and more applicable to the current situation.
This idea was expoused by Drs. Michael Hammer and James Champi of MIT in their 1986 text: "Reengineering the Corporation: A Manifesto for Business Revolution." Their basic tenet is one that is universally accepted in business circles: "If you don't change, if you don't reegineer your business, they our business will die. This is because being wedded to the way you do things today blinds you of your need to change to meet the needs of tomorrow. You will become inefficient. You will not survive.
So, on this score, we would give the argument to Council Member Burns and not to Council Member Hornat because Mr. Burns' asserts current management theory.
Management By Consensus Does Not Work
Management by consensus can work when there is agreement among all parties regarding the policies that should exist and the operations that should follow these policies. It is rare that this type of consensus exists in any enterprise. It certainly does not exist in Oro Valley. This is why it is a best practice that a department report to one individual.
As Mr. Zinkin's research revealed, a department whose functions are critical, like public safety, reports to one individual, the town manager. It is a best practice for "99.9% of jurisdictions."
It is best management theory also that a department head report to one individual, not to a committee. This is a universally accepted business organization principle.
So, on this score, we give the argument to Mr. Zinkin, and not to Mayor Hiremath, because, in most instances, and certainly we are seeing it in Oro Valley, management by consensus does not work.
The police department does report to the town manager for operating purposes
This argument was put forth by Mayor Hiremath. If this is the case, the why is the council having the debate? If this is the case, then, the council must have already agreed that, for operating purposes, the department reports to the town manager?
We find that the Mayor's assertion is factually unsubstantiated. There is no written agreement among the council, the Chief of Police, and the town manager regarding this. There is not vote of council, as there must be, delegating this responsibility to the town manager. There is no addendum to Chief Sharp's contract that states this is the case. As the situation currently stands, the department can and should follow the law, reporting to council for all matters.
A handshake agreement is simply not sufficient to substantiate this argument.
This argument is dismissed because it can not be factually supported.
This is a contract issue
We agree with Council Member Snider that the Chief's contract calls for the department to report to council on all matters. We agree that the contract and the town code are in compliance. Making a change would require amending the Chief's contract.
This argument has factual support
It is a political calculation --- Oversight by the town manager removes the department from Oro Valley politics
We've analyzed these two arguments. Council Member Waters asserts that there will be politics involved regardless of where the police department reports. Council Member Garner asserts that moving the police department oversight function to the town manager will result in less politics at council level.
We think that both arguments have merit, though neither is factually provable. We call this argument a "draw'.
Council does not meet to discuss police department operations at any time
Council Member Burns asserts that the council does not oversee police operations. If they did, he asserts correctly, they would have to do so in open meeting. The record of this discussion would be in minutes of the town council meetings. There is no such record, except for brief reports of department operating results in council meeting consent agendas.
We agree with Council Member Burns, the Council is not discussing police operations in any manner that would be considered sufficient oversight of the department.
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So, you ask, who won the debate?
It really doesn't matter.
The Oro Valley Town Council is divided on this issue. Council Members are not going to change their positions. A change in the reporting relationship of the Oro Valley Police Department will only occur if there is a change in Council Members. Even then, there is no guarantee that there will be a change.
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17 comments:
OK...we have had part four. Hopefully there isn't a part five.
The bottom line is that we have three councilpersons who have, since their respective elections, made negative comments about the management of the Oro Valley police department. Some have stated that the vehicle policy is wrong. Others have said that we should outsource the police function in oder to save money.
Now the three 'wise men' say that the reporting relationship is wrong.
Who knows what will come up next year?
I would refer you to one of my previous posts about the relationship between the cud of a cow and some of the rhetoric of this blog and it's followers.
That same thought process fits the 'three wise men'. They keep bringing up that which has been chewed before.
Enough is enough.
Understand the following:
THE MAJORITY, BOTH ON THE COUNCIL AND THE PUBLIC LIVING IN ORO VALLEY, LIKE THE POLICE DEPARTMENT,HOW THINGS ARE BEING MANAGED AND THE RESULTS.
Get a life. Move on. Give it a break.
Don,
Have you seen the database on the ADS site for OV salaries? Count the number of officers and calculate the ratio of them per 1000 citizens (I have, it isn't pretty.) Unless the DB is woefully inaccurate, that statistic alone merits changing the reporting structure of the PD.
You assert that three council persons have made negative comments about the management of the OV PD. How does expressing a reasoned assessment that the take-home vehicle policy should be evaluated become a negative comment? Outsourcing the police function? You must be pulling legs with that!
All bureaucracies must be constantly under scrutiny, else, since they often have components that exist solely for their own perpetuation, they will assume a life of their own, without regard for the best interests of those who pay for their keep.
Hiremath was elected mayor with a small lead over Zinkin. That being said, there is nothing wrong with the council members questioning the costs related to the Oro Valley Police Department. The assumption that, "a majority in Oro Valley like the way things are" with the police is misleading. Many do not like how many police we have considering the population we have. This has to do with the cost of keeping said police. There are those who do have a different opinion from you, and we will not be bullied.
I agree with OVOT/Cox.
Garner, Zinkin and Burns ARE the "three wise men" on the council.
Now here's my question:
Since we KNOW that Hiremath and his Fan Club will do whatever the police want them to do, the question is, what's in it for the police dept. to report to the council rather than to the Town Manager?
Likewise, what's in it for Hiremath and the Fan Club?
According to the Contractor Town Attorney (Schwab) at the June 19, 2013 Town Council Meeting the Mayor and Council Members directly assign and supervise the day to day duties and activities of the Police Chief. Only a majority of the council can change s/he duties.
Town Code:
3-2-3 Town Marshal
The Marshal shall be the Chief of Police, and shall perform such duties as may be required by law and as the Council may deem necessary. The Chief of Police is appointed and may be terminated by the Council pursuant to any employment agreement. An annual evaluation shall be conducted by the Council in consultation with the Town Manager.
In the Employment contract for the police chief under Section 6 (C) it states:
“Annually, the Town Council and Employee shall define such goals and performance objectives that they determine necessary for the proper operation of the Town of Oro Valley and in the attainment of the Town Council’s written policy objectives. These performance objectives and goals shall be used as part of the criteria for Employee’s annual evaluation”.
There is no record that during the Chief of Police’s thirteen years of employment that any Mayor and Council have defined annually in an Open Public Meeting the Chief’s goals and performance objectives.
Also in the Town of Oro Valley Job Description for the Police Chief (2710), there are no goals or performance objectives listed that he must meet.
Common Sense would tell us that the Mayors and Town Councils that served during the Chief’s thirteen years of employment (which includes the current Mayor and Council) could not effectively direct the Chief’s goals and performance objectives and supervise his day to day duties and activities. They would be required to have Open Public Meetings required by law so that any discussions and motions when the Mayor or any Council Member wants to add or change the Chief’s goals or performance objectives. This would be unworkable.
John Musolf
What do you think?
What I found to be the most disturbing aspect of the debate was the sheer disregard for professionalism, from namely Mayor Hiremath and Councilmember Hornat, and an utter lack of respect for the minority Councilmembers from those two. Regardless of where they stand on any issue, I would like to hope our Town representatives would behave in a way that serves as a model for public debate.
Just because people don't agree with your "lack" of objective thinking, we are all clearly wrong. No, we are not. The majority of those living in OV are not at all happy with how things are handled and managed with your most favored police department. You get a life, you move on, and you give us a break.
We are more than entitled to ask every question we feel necessary to make sure that our taxes are being put to good use. we have every right to question every single thing that we want to question. And why do you ask? Because they all work for us. Every single town employee, every council member,every police department employee, all of them. They answer to all of us. Not just you, not just a small minority, not just a small group who thinks they are all that and that what they say is the golden rule.
So the three wise men are just that. They are the wise men who ask questions over and over again because they are not satisfied. Because we are not satisfied. And they know it. They know the majority are not happy, but unfortunately there is something really foul going on with the 4 members and the PD and the reporting. Who and how does this reporting really happen? At meetings with all 7 members? I think not? Who writes his reviews and is responsible for saying how wonderful he is and how he is handling everything in his job description? He certainly doesn't answer to anyone regarding keeping his spending in check, because this years budget is up more than a million over last year.
So yes, tune in next year. It will come up again. And again until we are heard and things change. Who knows, maybe it will turn up tomorrow. This isn't going anywhere. I would love to see a part five just becasue.......
Maybe I'll reply in more detail if I can find more time tomorrow, but I just wanted to chime in and ask you some questions:
As I currently understand it, there are two direct reports to the town council: the town manager and the chief of police. How can the council provide oversight to the town manager if it is so utterly incapable of providing it for the chief of police? (And yes, I know the cheap answers you can give me to that question, but I'm really hoping I can get someone to actually grapple with the issue here.)
Given the sheer size of the police department and the importance of public safety to the image of Oro Valley (best place to raise kids awards, etc.), doesn't it make sense to entrust this crucial aspect of our town to a highly skilled, sought after police chief rather than a town manager who is already quite busy?
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Heather... Thanks for posting your observation. We deliberately did not post the contentious, dismissive comments/visuals of Mayor Hiremath and Council Member Hornat because we did not want to detract from the substantive discussion. Readers are welcome to watch the entire proceedings via the town site.
Generally, both the Mayor the Council Member Hiremath exhibit a dismissive attitude to these 3 council members. The Mayor lectures them. Council Member Hornat laughs and shrugs his shoulders at them.
They both need to grow up.
Richard
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OVDad,
There is 3rd direct report: The town magistrate.
Richard
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Thanks, Richard. I'm not well-versed with our town's website / information requests. Could someone help me and let me know how I can find (a) what % of the overall budget each of the three direct reports are responsible for and (b) the FTE headcount they are in charge of? I would be really curious to see how these numbers stack up.
As a sitting council member on the council that hired Chief Sharp, I can honestly say that Oro Valley is lucky. To be fair, and I explained this to the Chief several times,he was not my favorite candidate when the council undertook the task of hiring a police chief. As a council we took the job very seriously. We all were given a book to read called "hiring a police chief" The very first thing in the book was "this will be the most important decision you will make" How true
It was a long time consuming task. We had committees set up from the business community, neighborhoods etc, to participate in the hiring process. At the end of the process there was only one person who rose to the on all list, mine included, and that was Chief Sharp. He was the best and he was right for Oro Valley. The Council did it's job as elected representatives of the Town
After his first year we all met with the the chief and gave him an evaluation. We did this as a Council and as elected representatives of the town. We took this job seriously as elected officials should.
The debate going on right now about who the chief reports to is quite frankly insulting and a bit depressing to me. As elected officials, the council members have the two employees, the manger and the chief. To say they don't have time to manage the chief is saying they do not have the time or ability to DO THEIR JOB. Plain and simple.
Now for a bit of reality (at least as aI see it), putting the chief under the manager provides the council cover to pressure the manager to do what they do not have the guts to do. They can pressure the manager into doing their dirty work. The manager has to wake up every day and count to four. The number of votes he needs to stay employed. If the council wants to fire the police chief, cut the PD budget, change policies they can have the manager do it and hide behind the him (in this case). They do not have to put up with the public outcry etc, it simply becomes a management decision. No public meeting, nothing.
The role of elected officials first and foremost is to keep their citizens safe. They need to do their job.
I realize that the current make up of the council leaves some unhappy on the issue of the police but that's no reason to change the reporting structure. The police budget is the largest piece of the pie in Oro Valley. This is true in most places. Why would the council not want to have a direct say in this budget and the person administering it.
The council needs to do what they were elected to do. Have study sessions on the PD, review the the chief annually and lay out goals and expectations. And for goodness sake stop creating a wedge in this community over this. And I mean this to both factions. Stop the petty BS, our town deserves better. We have an election coming up, I encourage those running to, if you have the guts, make your position on the Chief and the PD your platform and see if the people agree. Then we all will know and maybe we can move on.
To those on the council in the majority on this issue, just because you have the votes doesn't mean you don't have to listen. To those in the minority on this issue, doesn't mean you can get things done. It takes cooperation and courage from both side. It also requires checking you ego at the door. Remember you may have been elected by some, but you represent all.
Sorry for the rant, but as someone who actually served this community as a council member for 4 years, I am a bit passionate about this
Francis LaSala
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OV Dad,
According to the town 2013 Budget:
Police 130.69=39% total personnel
Magistrate: 8=2% total personnel
Town Atty: 8=2% total personnel
So 43% of all personnel report to the town council via their department heads plus Greg Caton.
Richard
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Lance Link,
Thank you for sharing your experience.
We especially appreciate your comment on politics in the 4th paragraph. There are always going to be politics involved regareldes of which avenue is pursued.
Yes. It is time for the Council to "put on their big girl/boy pants" and get to work to represent all of the people.
Richard
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OV Dad
I would like to comment on one of your statements.
“As I currently understand it, there are two direct reports to the town council: the town manager and the chief of police”.
Lance Link (a.k.a. Francis LaSala)
I would like to thank you for your four years of service as an Oro Valley Council Member.
I would like to comment on one of your statements.
“The debate going on right now about who the chief reports to is quite frankly insulting and a bit depressing to me. As elected officials, the council members have the two employees, the manger and the chief. To say they don't have time to manage the chief is saying they do not have the time or ability to DO THEIR JOB. Plain and simple”.
Actually, OV Dad and Lance, the Council SUPPOSEDLY has four employees: See Town Code: Town Manager, Police Chief, Town Magistrate and the Legal Services Director (a.k.a. Town Attorney):
3-2-1 Town Manager
A. Office Created. The office of the Town Manager is hereby created and established. The Town Manager shall be appointed by the Council…
3-2-6 Town Magistrate
The Town Magistrate shall be the presiding officer of the Magistrate’s Court and shall be selected by the Council and shall perform those functions necessary to the maintenance of the Magistrate’s Court as provided by State statute.
3-2-3 Town Marshal
The Marshal shall be the Chief of Police, and shall perform such duties as may be required by law and as the Council may deem necessary. The Chief of Police is appointed and may be terminated by the Council pursuant to any employment agreement. An annual evaluation shall be conducted by the Council in consultation with the Town Manager.
In March 9, 2011, in a Special Town Council Meeting, it was brought to the attention of the Council that the Police Chief reported to the town manager. Council was responsible for hiring but not for performance of the police chief. The reporting relationship was changed to have the police chief report to the council instead of the town manager.
However, it seems that the Town of Oro Valley is still plagued with discrepancies in the Town Code. The Town Code seems somewhat confusing on who appoints, supervises, and evaluates the Town Attorney. Is it the Council or the Town Manager?
See current Town Code 3-2-5 Town Attorney
A. The Legal Services Director shall act as the legal counselor and advisor to the Council and Town officials….. Notwithstanding this section, for the purposes of the Town Code, Oro Valley Zoning Code revised and all other Town policies and procedures, wherever the term “Town Attorney” is used it shall mean the Legal Services Director.
The Legal Services Director is appointed by the Town Manager. An annual evaluation shall be conducted by the Town Manager.
B. The contract Town Attorney shall act as the legal counselor and advisor to the Council for all Town Council meetings and special projects as set forth by contract. The contract Town Attorney shall serve at the pleasure of the council under the terms of the contract.
Observations:
Maybe we should have another special session to clarify the Town Attorney (a.k.a. Legal Services Director) reporting relationship?
Some thoughts to ponder:
In the council-manager form of government, the town council members are elected by the citizens. Policy decisions are made by the council.
Because the 7 Council members are part-timers, city councils hire a town manager to implement the Council Policies and make the day-to-day decisions and direct town staff. All town staffers are under the town manager’s line of supervision. All department heads or directors report to the town manager in the council-manager system.
Final thought:
Lance Link may have the best idea. Let’s wait until the next election and see what happens!
John Musolf
Atizonamoose. I stand corrected. I forgot about the Magistrate, even though I was on the interview panel that recommended his hiring to the Mayor and Council. He also has turned out to be a solid hire.
As for the town attorney, at the time I served the this was a direct report to the Town Manager. Never understood that and am glad it has changed.
Thanks for pointing theses out.
Fran
The take away message from L. Link is that we are lucky to have our present Police Chief
Most folks agree.
What will happen when the chief retires? Will the existing reporting chain still be the best solution?
I hope we do not face this problem for many years.
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