Guest View: Mike Zinkin – Oops! She did it again.

 

Past Violations
In previous LOVE articles, I discussed the problem with Town Manager, Mary Jacobs, disregarding established Town Policies. I specifically discussed her violations of Town Policy #6 and Town Policy #11.

Recent Violation: State Statute requiring 24 hours’ notice of meetings
The Council Meeting agenda for the May 18, 2022 meeting was amended. However, the amended agenda was not posted within 24 hours of the meeting in accordance with State Law.
The open meeting law requires at least 24 hours’ notice of meetings to the members of the public body and the general public. A.R.S. § 38-431.02(C). Notice must be posted on the public body’s website, unless otherwise permitted by statute.

Notice must also be posted at any other electronic or physical locations identified in the disclosure statement and by giving additional notice as is reasonable and practicable. A.R.S. § 38-431.02(A)(1) through (4).

“Clerical Error” or just more negligence?
When this was brought to the attention of Town Manager, Mary Jacobs, her response was that the Council was notified within 24 hours. Although this is true -- the Council was emailed about the amended agenda at 5:52 PM on May 17, 2022 (8 minutes shy of the required notice) --the public was not notified until 7:58 AM on the day of the meeting (just 10 hours before the meeting) in violation of State Law. She blamed it on a “clerical error.”

A pattern of behavior
The primary problem is that Ms. Jacobs continues to violate Town Policies (and now State Law). But the secondary problem is that the Mayor/Council are allowing her to do this without reprimand. It appears that instead of Mayor Winfield and the Town Council managing Mary Jacobs, that Jacobs is managing them. Again, I ask, when will this stop?

How about a non-binding raise?
Additionally, Ms. Jacobs has advised the Council that they are not bound by past Council motions/decisions. As a result, the yearly $120,000 payback from the Community Center Fund to the General Fund (as promised and mandated by the Hiremath Council in 2015) is not binding. Funny how the Town never told us this in 2015 when this “promise” was made.

But, hey, if previous council decisions are not binding, does this mean that the $20,000 raise that the Hiremath Council gave Ms. Jacobs is not binding and can be withdrawn as well?

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Mike Zinkin and his wife have lived in Oro Valley since 1998. He served on the Oro Valley Development Review Board from 2005-2009, the Board of Adjustment from 2011-2012, and the Town Council from 2012-2016. He was named a Fellow for the National League of Cities. He was a member of the NLC Steering Committee for Community and Economic Development and a member of the Arizona League of Cities Budget and Economic Development Committee. He was an Air Traffic Controller for 30 years. Mike has a Bachelor’s degree in history and government from the University of Arizona and a Master’s degree in Social and Philosophical Foundations of Education from California State University, Northridge

Does the Town care about Town Policies?

Oro Valley has adopted 11 Town Policies (Policy 1 was rescinded in 2005) but one might wonder if anybody at the Town cares about them or is even aware of them. Examples of three of these policies being violated or ignored are discussed below.

Town Policy 2 ~ Council/Staff Relationships
“The Council should give instructions to the Town’s staff in a manner according to the principles of the council/manager system. For example, assignments should be directed to the Town Manager and should originate from a consensus directive of the Council, not with individual council members. Council members should contact staff directly ONLY when the purpose is to communicate information; e.g. to report conditions, describe a problem, or request information. Council members SHOULD NOT contact staff with special project requests or utilize large blocks of staff time in order to pursue individual areas of interest.”

Potential violation: According to the Executive Summary on the February 20th council agenda, the town’s Legal Services Director, at the request of council members Rodman and Pina, undertook a review of the Animal Control Ordinance. This appears to be a violation of Policy 2 since two council members do not represent a consensus (a minimum 4-3 vote of the council).

The Town’s Legal Director does not work for the Council, he works for the Town Manager. If the Executive Summary is correct, why didn’t the Legal Services Director refer Councilmembers Rodman and Pina to Policy 2?

Town Policy 6 ~ Unbudgeted Expenditures
“All requests for expenditures not budgeted for in the Town’s budget, shall be forwarded to the Town Manager. Upon review, the Town Manager will forward said request(s) to the Town Council for approval. It shall be the decision, by way of a majority vote of the council, to either approve or disapprove said requests for expenditures.”

Potential violation: A few months ago, Town Manager, Mary Jacobs, chose to extend the Troon contract an additional six months (from June 2019 to December 2019). This extension is not budgeted due to the fact that the current budget runs out on June 30, 2019. The policy mandates the Town Manager to take the unbudgeted request to the Council. To date this has not been accomplished. Is the current Council mandated to approve this 6-month extension of the Troon contract in the upcoming budget?

Town Policy 9 ~ Council Liaison to Amphitheater School District Governing Board
Among other things, “The Council Member Liaison will meet quarterly with the Town Manager, the Amphitheater School District Superintendent, and President of the Amphitheater Board to discuss subjects of mutual interest, such as establish Intergovernmental Agreements if needed; promote joint-use facilities when possible…”

With the recent failure of Prop 454 (the proposed property tax to fund improvements at Naranja Park), do you think the previous Council liaison (former Councilmember Mary Snider) ever met with the above individuals to discuss the possibility of utilizing Amphi playgrounds during the summer months to expand the town’s playgrounds availability?

Awareness is key
One would think that all new Council members would be briefed by staff as to the Council policies. However, after observing the Town Manager violation of Policy 6 and the possible Councilmember violation of Policy 2, one wonders if anyone in staff is even aware of these policies.