Loading...
HomeMy WebLinkAbout09-03-2020 Public Comment - J. Kauffman - Mayor Mehl MisconductKASTING,KAUFFMAN &MERSEN,P.C. ATTORNEYS AT LAW JOHN M.KAUFFMAN 7I6 SOUTH 20th AVENUE,SUITE I0I JANE MERSEN BOZEMAN,MONTANA 597IB DENNIS L.MUNSON TEL:(406)586-4383 FAX:(406)587-787I LILIA N.TYRRELL E-MAIL:reception@kkmlaw.net JORDAN P.HELVIE SCOTT J.LORESCH KENT M.KASTING,Of Counsel September3,2020 BY HAND &EMAIL Mayor Chris Mehl Commissioner Cyndy Andrus Commissioner I·Ho Pomeroy Commissioner Terry Cunningham Commissioner Michael Wallner City Manager Jeff Mihelich clo Greg Sullivan Bozeman City Attorney 121 N.Rouse Bozeman,MT 59715 Re:Mayor C_hris Mehl Misconduct [This letter was written weelrs ago but was held because we anticipated receiving documents _from our June 26,2020 open records request to the Citv. As reflectedin the attached email (Exhibit BÀ the Citv sent them todav, September3,2020 at 1:04 pm.We have_notdigestedthe recent disclosures This letter,largelv,does not reference them,though at first blush they consistentJrdescribe the misconduct discussed below.Inexplicably,the documents we requestedin June 2020 were postedby the City todaybefore we received them.] Dear City Commissioners: In November of 2019 you received a memo from former City ManagerAndrea Surratt (the "Surratt Memo")that beganwith the following "Overview": This memo outhnes a pattern of unprofessionaland disruptive behavior by Deputy Mayor Mehl,in his official capacityas a City Commission member that has occurred over the past two years of my tenure as CityManager.I am bringing it to the attention of the City Commission because it may be considered behavior in violation of the Bozeman City Charter Bozeman City Commission September3,2020 Page 2 Exhibit A,Surratt Memo without attachments.The Surratt Memo has been hidden from the public until we recently received a copy through a public records request.The misconduct described in detail in the Surratt Memo has nothing whatsoever to do with Mr.Mehl's politics or policy goals.Rather it describes a pattern of malfeasance that exposes Mr.Mehl as a bully -one who uses intimidation and harassment to improperly interfere with the City employees'jobs and thereby violating the express provisions in Bozeman's City Charter codified in the Bozeman Code.It has also resulted in a district court Order allowing the Plaintiffs to amend their complaint against the City,assertingviolations of substantive and procedural due process,because of his conduct and its potential impact the rights of the Plaintiffs.See,Hinds v.City ofBozeman,Eighteenth Judicial District Court,Cause No.DV-18-1321AX,Amended Complaint,Count IV, ¶¶31-33,72-80. We send this letter to you on behalf of our clients who are concerned citizens and business owners of Bozeman.The purpose of the letter is (a)to expose the Surratt Memo,(b)to request that it be discussed publicly at a City Commission meeting and (c)to requestthe Commission consider appropriate steps to remove Mr.Mehl from the Commission for his misconduct. Since receiving the Surratt Memo,we sent a subsequentpublic records request to the City on June 26,2020 requestingadditional documents regarding Mr.Mehl's misconduct.I We received those today at 1°04 pm.Exhibit B The 100+ additional documents responsiveto our new requestcontinue to chronicle his misconduct,though we have not considered their full import.See,e.g.Exhibit C The June 26,2020 request sought the following described documents that were created after the date of Surratt Memo: Copies of any and all documents that discuss,mention or contend that Commissioner or Mayor Chris Mehl: a.engaged (or engages)in bullying,intimidating,abusive or otherwise improper conduct towards any City employee,whether or not the person is a current employee; b.had any conflicts with,or angry or improper contacts/communications with,interim City ManagerDennis Taylor,or contributed,in any way,to Mr.Taylor ceasing to serve as the interim City Manageror in any other role with the City of Bozeman; c.engaged (or engages)in behavior that is inconsistent with the Bozeman City Charter or inconsistent with the norms for a city commissioner; d.has made efforts or inquiries into creating a "strong mayor"form of government for the City of Bozeman. e.has responded or commented upon the memorandum from City ManagerSurratt to the Bozeman City Commission dated November 6,2019 or the contents thereof. Bozeman City Commission September3,2020 Page 3 noting continued bad behavior even after the Surratt Memo.We will supplement this letter when we have an opportunity to do so.Even without the additional documentation,we are confident each of you know Mr.Mehl has continued to bully and intimidate staff,as well as violate the City's Charter since being confronted with the Surratt Memo.He is not who Bozeman is.As a representative of this City,his disrespectfor staff and the City Charter must be called out and stopped. VIOLATION OF THE CHARTER AND MISCONDUCT TOWARDS STAFF Bozeman is a city manager managedcity.The City Commission hires a city manager,but it is the city manager who runs the City -not the Commission. Bozeman Charter,codified in Bozeman Code §3.04 ("The city manager shall be the chief executive officer of the city,responsibleto the commission for the management of all city affairs placed int eh manager'scharge...")Bozeman's charter specifically prohibits commissioners from interfering with the city manager'sresponsibilities and,exceptin rare instances,states that the commission or its members shall deal with city officers and employees who are subjectto the direction and supervisionof the city manager solelv through the city manager,and neither the commission or its members shall give orders to any such oÆcer or emplovee,either publiclv or privately. Bozeman Code §2.05 (c)(emphasisadded).In short,Mr.Mehl cannot order City employees to do any particular act but must work through the city manager.Even in his current role as mayor,Mr.Mehl's authorityis limited as set forth in §2.03. ("The mayor shall be recognized as head of the city governmentfor all ceremonial purposes and by the governor for purposes of military law but shall have no administrative duties and shall not interfere with the administration of the city as provided in §2.05(c),below.The mayor shall not have any appointment power to city boards exceptwhere required by state law.") Contrary to this express directive,Mr.Mehl consistently violated the law by inserting himself into staff meetings,directing staff,being disruptive when his input or even presence was challengedand acting as if he were the city manager. Many of the instances are documented in the Surratt Memo.See e.g.Exhibit D.E, and F.As the attached Complaint makes clear,such conduct results in claims that decisions made by this Commission are unlawfully corrupted by this conduct and void ab initio. In addition to violating the law,and even more troubling,is Mr.Mehl's disrespectand ill treatment of staff.It is inexcusable as an elected official, particularly one who lacks the power he pretendsto wield.Ms.Surratt provided you many examplesof his bad behavior and its impact on staff,in part,by directing Bozeman City Commission September3,2020 Page 4 you to clips from City Commission meetingsin her Memo.She also providesyou emails through 2019,like the October 24,2017 email where a staff member complainedabout improper physical action taken towards interim City Manager Dennis Taylor.Exhibit G The City's staff deserve to be treated with dignity by our elected officials.This Commission's failure to take action against Mr.Mehl's bad behavior is tantamount to condoningit. In her summary,Ms.Surratt allows that Mr.Mehl's conduct,in the "best light",might be considered a series of misjudgments-but misjudgmentsrepeated "over and over again".Even in the best light,he continued violating the law after "repeatedassertions by [Ms.Surratt]and others to him that the role of the City Commission does not include interference with administration."Ms.Surratt more accurately described the conduct as "interaction harmful to the employees and [her] in the workplace."Taken together,she gives you notice that it not only adversely impacts the people who work at the City,but the City itself -the "organization". To the extent you have any questionabout how the intimidation and harassment impacts the City and its staff,look at the Surratt Memo and notice how many city employee have been affected and how additional names have been redacted to protect their identity;ask for the attachments to the Surratt Memo (more than 200 pages)and see how many more names are redacted.These city employees,and Ms.Surrat,are whistleblowers.Ms.Surratt came to you with this information after the City had endured two years of Mr.Mehl's misconduct,yet the Commission took no action to reprimand Mr.Mehl.If it did in secret,then it does not appear that it was successful. Mr.Mehl has violated the Bozeman Code.It is up to you to take appropriate action and remove Mr.Mehl from office. MEHL ATTEMPT TO INCREASE POWER Equally problematic,and perhapsmore troubling,are Mr.Mehl's efforts to change the very structure of Bozeman's governmentby changingBozeman's Charter to create a "strong mayor".On July 17,2019,he told Ms.Surratt that "we are moving to a strong Mayor form of government"-at the time he was deputy mayor and knew he would be mayor in 2020.Exhibit A at 3.;see also August 23, 2019 and September11,2019 entries in the Surratt Memo and Exhibit H (email dated November 15,2019 In this way,the mayor (a position he now holds)would largely take over the role formerly held by the city manager.While anyone is welcome to advocate a change in the City's Charter,Mr.Mehl's questfor power is particularly problematic and dangerousgiven his proven tendencyto be a bully.It Bozeman City Commission September3,2020 Page 5 is also somethingthat should be made public so that the citizens of Bozeman know what he is up to. We raise this matter before you,publicly,because it is important that you protect Bozeman,its employees and citizens from a bully and from someone that knowingly and repeatedlyviolates the law.It falls on our clients,through us,to take this action because calling out one of the commissioners to the other commissioners exposes the whistleblower(s)to retaliation,particularly if they appear before the commission from time to time.Like the names redacted from the Surratt Memo,our clients would like to remain anonymous as additional whistleblowers.After all,it is not about them,but rather about Mr.Mehl's conduct documented by Ms.Surratt and their identity is irrelevant to what Ms.Surratt exposed. Ms.Surratt prepared and delivered her Memo as she was resigning as the city manager.She did so to protect the City's employees,Bozeman and the integrity of its Charter.That responsibility now falls to you -you too need to protect the City's employees,Bozeman and the integrity of its Charter..It is not about what he might try to spin as a "communications style"it is about his lack of decency and his illegal conduct.We ask that you set this matter on the City's agenda and have a full and transparent discussion of the issues raised in the Surratt Memo about Mayor Mehl,including his mistreatment of City staff and blatant violation of its Charter.Following that open and public discussion,we ask that you take appropriate action to remove him as mayor and commissioner. John M.Kfuffman Brian K.Gallik Encl. EXHIBI MEMORANDUM TO:The Bozeman City commission FROM:City Manager Surratt DATE:November 6,2019 RE:CommissionerConcerns Overview This memo outlines a pattern of unprofessionaland disruptive behavior by Deputy Mayor Mehl,in his official capacity as a City Commission member that has occurred over the past two years of my tenure as City Manager.I am bringing it to the attention of the City Commission because it may be considered behaviorin violation of the Bozeman City Charter. Responsibility to Report The Bozeman,Montana Code of Ordinances,Section 2.05.c as it relates to what is prohlbited activity for commissionersis one basis for this memo.Deputy Mayor Mehl's actions and behaviorin specific instances noted in this memo need to be brought to the attention of the City Commission. Bozeman,Montana Code of Ordinances,Section 2.05.c Interferencewlth Administration.Except for the purposeof inquirles,and investigations under §2.09,the commission or its members shall deal with city officers and employees who are subject to the direction and supervisionof the city manager solely through the city manager,and neither the commission nor its members shall give orders to any such officer or employee,either publicly or privately. Also,I am a member of ICMA (International City and County ManagersAssociation)and am required to uphold tenets in the ICMA Code of Ethics.The tenets and guidelines below serve to guide my actions to report this conduct.As you read the sections below,I am the "member". Tenet 3:Demonstrate by word and action the highest standardsof ethical conduct and integrity in all public,professional,and personal relationships in order that the membermay merit the trust and respect of the elected and appointed officials,employeesand the public. Guidelines,Conduct Unbecoming:ÑÑÜËÑshould treat peoplefairly,with dignity and respect and should not engage in,or condone fiullying behavior,barassineni,sexual harassment or discrîmination on the basis of race,religion,national origin,age,disability,gender,gender identity,or sexual orientation. Tenet 6.Recognize that elected representatives of the people are entitled to the credit for liie estglishmentof local government policies;ÑÑ ŠÏ(iŠfórŠÍ ÈÊÑÌëÈÑÏÍÑ \ EXHIBIT $$it¼¾id cal ÁútgiÌaly lÏ¿!ešwit;ÍioufinteÏÑËëridd,and handle each problem without discrimination on the basis of principle and justice. Guidelines,information sharing.The member should openly share information with the Timeline February20,2018: CommissionerMehl came unannouncedand very intently into my office at around4:40pm after having participated in a staff level meeting to have input to a staff memo related to the Parks and Trails District agenda item for March 5,2018.I had been invited to that meeting but did not attend.I was three months into the job and did not have a clear understandingof the past practices of including commissioners in staff level meetings.He was angry,highly animated and very openly frustrated that staff had "thrown him out of the meeting".He felt he should haveinput to the staff memo and recommendation that was being developed.He talked in a very stern tone for over an hour,asking me multiple times 'what was my vision'.I stayed in my seat behind my desk as he sat at my table.I told him that he should not havebeen in that meeting.He ultimately calmed down and left my office after 6pm.I had to remain there and finish preparingfor my first staff retreat with the directors the next morning.I finally brought up the incident with the managementteam whu told me that he was angry not to have input to the work to develop the staff memo for a project that he felt closely aligned to over the years. January17,2019 See mail that describes inappropriate behavior by a Commissionertoward a staff member.I have coachedg erstand that will more frequently deal with City Commission members because of the nature of work and that-needs to let me know when did not feel comfortable with the Interactions.This email describes an eventthat happenedi ffice.Deputy Mayor Mehl came in tgoffice unannouncedand abruptly shut the door.I was not in the office area at the time but was in another meeting in the Gallatin Room.Once he completed his conversationwith ,he came unannounced into the Gallatin Room and asked me to step outside into the hallway where he expressed his frustration and questioned my motives for giving staff instructions to check with me first before agreeingto the requestsof a commissionerwho was instructing staff. March 2019 Deputy Mayor Mehl shared that he left his employment to focus full time on being Mayor. April 18,2019 In a monthly meeting that I have with DeputyMayor Mehl,he talked about when he became Mayor he wanted to;attend meetingsof staff,to attend HPO (monthly supervisorsmeeting),and also attend department staff meetings at the operations level (ie.Public works divisîons,etc}.In that meeting on April 18*he also told me to do homework as there could be a vote on amendingthe city charterin 2020.He also talked at length about the partnership that the City Managerneeds to havewith the Commission,including staff in that partnership.See handwritten notes for 4/18/19. July 17,2019 Monthly meeting with Deputy Mayor Mehl where he talked to me at length about that "we are moving to a strong Mayor form of government"and how that was golngto be better. August 23,2019 Monthlymeeting with DeputyMayor Mehl talked to me again at length about his continued focus on moving to a strong mayor form of government.I told him that it would be nice to know if that was a feeling of the entim city commission or not.If it was,I would appreciate knowing such so that I could better understand my role.I shared that it seemed as though my role as City Managerwould change to something else or that I would not havea job at all.He said "you can still be city Manager"but there would be a full time Mayor. September 11,2019 A local government managerasked me directly if Deputy Mayor Mehl is pushing to establish a strong mayor form of government.This personwas hearing rumors in the community. October 3,2019 I attended the Montana League of Cities and Townsannual conferencein Billings.Deputy Mayor Mehl also attended.In a conversationwith nd myselfafter a session,Deputy Mayor Mehl expressed his displeasurethat staff wout me with state legislators (Bozeman delegation)without any elected officials (city commissioners)also in attendance.I shared that these meetings were logistical in nature and not policy levelmeetings.He humiliated me in front of by pushing back that cit commissionersneed to be in staff meetings and why was i not allowing that to happen.In front of he asked if he could be in some meetings and I said 1 would haveto think about it.He was belligerent and it madegery uncomfortable shared later.Right after that interaction,Deput Ma r Mehl found nd proceededto talk badly about me,challengingmy authority,t r a number of minutes,also in the same theme of me not wanting city commissionersto be in me angs about staff work on key issues let me know immediately that the interaction had occurredand that it mad uncomfortable sinc orks for me, November 6,2019 I gota call from Deputy Mayor Mehl.He said he had a few items to discuss briefly and some he wanted me to think about while I was traveling for the long weekend.Specifically,those items were questions about whether:he could attend staff meetings,attend the All City Staff meetings,attend HPO in January,and could he say a few words at all of those meetings.I told him that I was not comfortabte with him attending city staff meetings,I left the conversation unfinished about whether I was ok with him attending the All city Staff meetingsin December. November 6,2019 Later that same afternoon,I was told by staff that Deputy Mayor Mehl had been interviewed by NBC Montana in City Hall and was making referenceto movingto a strong mayor form of government. Severalstaff overhead the commentsto the news reporter.1 did not seek out the interview footageas it did not make it in to the final edit of the interview. city commission meeting segments demonstrating bullying behavior towards staff Matt Madsen-Affordable housing 10/15/18 -Special Presentation1 https://media.avca ptureall.com/session.html7sessionid=c9d7708a-2a20-4bd7-8e45- b9e2511edb7e&prefilter=654 3835 11/19/18 -Action Item 5 httos://m_edia.avcaptureall.com/session.html?sessionid=930b4ebb-572_5-4_62d-949e- f3844e95b70d&prefilter=6543835 TomRogers-UDC2017andearly2018 11/06/17-Action Item7 11/13/17 -Action item 10 11/15/17 -Action ltem 1 11/27/17 -Action Item 5 12/04/17 -Action item 212/18/17·-Action Item 1 01/04/18 -Action Item 1 02/12/18-Action Item 5 and Action item 6 (Pile 8) 02/26/18 -Action Item 7 (Pile B} Chuck Winn and Ed Meece-Parking Strategic Plan update-Dec 2018 12/17/18 -Action Item 5 https://media.avca ptureall.com/session.html?sessionid-46bdf9c9-e00c-4e8f-bb7b- e334a3c14f90&prefilter=654,3835 Kristin Donald-budget presentations 2019 06/03/19-Action item 5 httos://media.aveaptureall.com/session.html?sessionid=f700177c-c499-4359-a914- 619d68bffbeS&prefilter=654,3835 06/10/19 -Action Item 2 https://media.avea ptureall.com/session.html?sessionid=22078432-bc56-41ec-97ee- 1ced025028d2&prefilter=654,3835 06/17/19 -Action ltem 1 https://media.avca ptureall.com/session.html?sessionid=34bfbaS2-b97f-43f7-85c2- e266608a6d0e&prefilter=654.3835 06/24/19 -Action Item 2 https://media.avca ptureall.com/session.html?sessionid=30d23456-91c4-4fb2-aca8- c6018cde48e8&prefilter=654]S35 Kevin Handefin-Nov4 2019 about composting 11/04/19 -Action item 2 https:/media.avcaptureall.com/session.html?sessionid=bc1f5e50-6bce-4b22-9f08- ff343d25bec1&prefílter=6543835 Jessica Alstrom -water conservation/drought measurement09-25-17-Special Presentation 1 httos://media.avcaptureall.com/session.html?sessionid=50025bdd-6eal-4bd4-abac- ba1479c87e9e&prefilter=6543835 SUMMARY This is a collection of interactions that reflect a culture of bullying and harassment.In the best light,they are a series of misjudgementsby Deputy Mayor Mehl,over and over again,after repeatedassertions by me and others to him,that the role of the City commission does not include interference with administration.Not knowing exactly how the City Commission wished to interpret the charter,l went as far as to proposeallowingCity Commissionersto haveinput to outreach by attending meetings with staff,evidencedby the October 9,2019 special meetingof the City Commission. In the worst light,these interactions were harmful to the employees and myself in the workplace.The incidents need to be consideredin the collectlve to fully understandthe impact to the organization. Individually,they may seem to be easily explainedaway.But collectívely,they show a pattern of behavior. It is my responsibility to share with the City Commission my actions,on behalf of myself and city employees,in order to elevate the awareness of possible violations of the Bozeman,Montana code of Ordinances,Section2,05.cInterferencewlth Administration. It is my responsibility to share with the City Commission informationfrom my own experiences as well as those of staff members who havebeen directly impacted by the bullying and harassing behaviorof Deputy Mayor Mehl over this two year perlodthat!haveserved as City Manager.ICMA Code of Ethics Thankyou for the opportunity to serve as City Managerand for consideringthese issues that adversely affect the City of Bozeman organization. EXHIBI B John Kauffman From:Greg Sullivan <gsullivan@BOZEMAN.NET> Sent:Thursday,September3,2020 1:04 PM To:John Kauffman Subject:June 26,2020 Records Request John, Below is a link to documents responsive to your records request of June 26th These records will be the subject of a special meeting to be held by the Bozeman City Commissionnext Tuesday at 6pm via Webex.The meeting will be open to the public.The agenda for that meeting and a link to the records will be published this afternoon.The agenda materials will also include a link to the records produced to you for your first records request. Here's the link to the records you requested:http://weblink.bozeman.netWebLink8:0 doc/221100/Electronic aspx As these documents are being made public there is no fee. Greg Greg Sullivan City Attorney City of Bozeman PO Box 1230 Bozeman,MT 59771-1230 121 North Rouse Ave. 406-582-2309 asullivan bozeman.net City of Bozeman emails are subject to the Right to Know provisions of Montana's Constitution (Art.II,Sect.9)and may be considered a "public record"pursuant to Title 2,Chpt.6,Montana Code Annotated.As such,this email,its sender and receiver,and the contents may be available for public disclosure and will be retained pursuant to the City's record retention policies.Emails that contain confidential information such as information related to individual privacy may be protected from disclosure under law. 'EXHIBIT 1 EXHIBI 7/28/2020 Note to File•City Manager Conversation EX H I SIT ' Note to File -City Manager Conversation Terry Cunningham AmhFriday,May 29,2020 2:24 PM To:Terry Cunningham The purpose of this email is to documenta telephoneconversationthat I (Terry Cunningham)had with then-InterimCity Manager Dennis Taylor on Tuesday,May 14th at 3:00pm MT. Mr.Taylor and I had regularlyscheduled meetings at 3:00pm on the 2nd Tuesday of each month to discuss city-related topics.This conversationtook place via phonedue to Covid-19restrictions and protocols.Since Mr.Taylor was scheduled to terminatehis contract with the city on May 26th,this was our last regularly-scheduledconversation.During the conversation,I asked Mr.Taylorseveral questions about his experience as Interim City Manager,particulady the Commisslon /City Managerdynamic.This toplc has been the source of a specla1 commission meeting,where we adopted certain "norms"as a result of the departureof former City Manager Andrea Surratt,so I wanted to get Mr.Taylor's perspective on the progress the commisslon has made in living up to the norms. Mr.Taylor reported the followingto me during this conversation: •Mayor Mehl has continued to attemptto reach into the organizationin violation of the adopted norms to deal directly with staff.This has caused the same types of problems that were identifiedby formerCity Manager Surratt. Mr.Taylor reports that this undermines his authority and confuses staff. •Mayor Meht consumes an Inordinateamount of the City Manager's time and schedule,with emalls starting as early as 5:00am and continuingthroughoutthe day.Mr.Taylor reportedthat it proveddifficult to keep aff city commissioners in the Informationloop because of the amountof time that Mayor Mehl's requests /communications entalls. •Mr.Taylor reported that during his currentassignmentas Interim City Manager,on at least three separate occasions,in meetings with Mayor Mehl,the Mayor became angry and abusivetoward him,causing the Interim City Managerto be concerned for his safety and to consider whetherhe wished to continue servingîn the Interim City ManagerRole.Mr.Taylor repottedto me that,even though he (Mr.Taylor)Is a Marine with combat experience, Mayor Mehl's behaviorrattled him significantlyand appearedthreateningto him. •Mr.Taylor mentionedthat one of those three Instances occurred in my presence and that I was thereforea witness to this behavior.I did,indeed,witness Mayor Mehl's abuse of Mr.Tayloron (I believe)March 9,2020 when Mayor Mehl asked me to remain in the City Commission chambers after our commission meeting to participate In a nsation with Mr.Taylor.For the first part of the conversation,Commissioner I-Ho Pomeroy and staff verheard portions of the conversationuntil Commissioner Pom ^the tone of the conversation and Mayor Mehl's treatment of Mr.Taylor -ended her conversationwit and left the room.Mayor Mehl's treatment and verbal harassment of Mr.Taylor became so aggressive that Mr.r became visibly flustered,found it difficult to speak and needed to excuse himself to find water In able to continue the conversation.Even subsequent to this,Mayor Mehl continuedto aggressively arguewlth Mr.Taylor.I attempted on a couple of occasions to moderatethe conversationand bring it to a condusion,but Mayor Mehl continued to pressure the Interim City Manager.The day after this conversation,I felt the need to call Mr.Taylor and apologize for the Mayor's behavlor.Mr.Taylorconfirmedto me that he felt lntimidated and bullied by the Mayor and that he cons!Ing as Interim City Ma er as a result of the meeting with Mayor Mehl.He reported tome that he spoke to aboutthe meeting and ncouraged him to resign the Interim role and mtum to Helena. Mr.Tay!that -giventhe Covl tion and his role in leading the dty's response to it -he would not resign his position.After my conversationwith Mr.Taylor,I spoke with Mayor Mehl and registered my displeasure with the way he conducted himself in the meeting.Mayor Mehl seemed completely unaware that his behaviorwas problematicand refused to believe that it could have resulted in Mr.Taylor considering resignation.I reminded the Mayor that this was the second time I had witnessed him bullying and abusing a City Manager -the other instanœ involvedformer City Manager Andrea Surratt -and that it was not behavlorthat I wanted to be associated with. •I am not aware of the other two instances when Mayor Mehl threatened,abused or builled Mr.Taylor,and I did not ask Mr.Taylorfor detalis,during our May 14th phonecall. •During both the May 14th conversationand the March 10th conversatlon(after the contentious post-commission meeting discussion)with Mr.Taylor,the Interim City Manager described Mayor Mehrs behavloras "ilke Dr.Jekyl and Mr.Hyde"and he wonderedwhether the Mayor may be sufferingfrom a mental or behavloralconditlon that results in the Mayor being unable to control his aggressive behavlortoward others. •Mr.Taylor also related to me that he had been offered a position within the county emergency management structure that would start after his Interim city Manager contract expired,and that he believedhe would be effective in that role,but he ultimately decided not to accept the position,largely because he did not want to continueto deal with Mayor Mehl. https:Hmallbozeman.nefowa/Tee=ltem&t=lPM.Note&id=RgAAAAABD9Gcq4PmQZ58]Dj2Nh35BwAS6x61A9qdSJEOSDz051AVAAAG%2lMIpAAAB6x...1/2 7/28/20g0 Note to File -City Manager Conversation •Mr.Taylor and I discussed a concern that Mayor Mehl's mistmatmentof city Managers -Ms.Surratt and Mr.Taylor -could prove problematicwith the Incoming City Manager and that the City Commissioners should be cognizant that Mayor Mehl's behavlortoward the incoming City Manager needs to be monitored. •I nrecognitionof the factors above,I have communicated with the incoming city managerthat he "needs to developa plan and a strategyto deal with Mayor Mehl." Terry Cunningham -City Commissioner City of Bozeman |121 North Rouse Avenue |P.O.Box 1230 \Bozeman,MT 59771 P:406.595-3295 |E:Tcunningh @bozeman.net |W:www,bogeman.net 7/31/2020 RE:Leadership From:Cyndy Andrus Sent:Wednesday,April 01,2020 8:00 AM To:Chris Mehl Cc:Terry Cunningham;I-Ho Pomeroy;Michael Wallner;Dennis Taylor Subject:Leadership Chris, I am writing to ask that you please follow the norms. Now more than anytime in the past we need to work as a unified team with a unified voice.Our team has one leader and that leader is Dennis.We also have some very talented people on our team at the city.They are working very hard every day,putting in long hours to make sure we come out of this crisis as best we can.People are stressed,people are frightened and people are looking for leadership.Some of your actions are increasing that stress and fear.You are meddling in ways that are hampering the effective functioning of city government. If this crisis has done anything it has solidified the fact that the city Manager is the Chief Executive Officer and we are most helpful and show leadership when we take our lead from him,we are not helpful when our efforts are not coordinated.We are not helpful when we bypass the city Manager with communications and directives to staff.We are not helpful when we speak without knowing all of the information,or assume authority that is properly the city Manager's. I recognize we all want to help,especially now.I also understand,because I have been in your shoes,your desire as mayor to want to lead.But please Chris,I implore you to let Dennis do his job.We need to take our direction from him.He knows this work,he knows what he is doing,he is trusted and respected by all.Like the rest of us,you need to step aside and trust his decisions be it removing something from the agenda,cancelling a meeting or coordinating outreach from the city to the community.We have too much at stake to do otherwise. I am sending this to the commission,not because I am looking for a response (I am not looking for a public debate)but as a reminder that we govern as a body.Actions taken by any one of us alone on behalf of the city,especially around this Pandemic,without the knowledge/consent of the City Manager,is outside the scope of the charter. Chris,I am requesting you modify your behavior for the good of the organization and the community. Thank you. Cynthia Andrus |Deputy Mayor City of Bozeman j 121 North Rouse Avenue P.O.Box 1230 |Bozeman,MT 59771 P:406.582-2383|E:candrus@bozeman.net<httos://mail.bozeman.net/owa/redir.asex? SURL=V5FKGIFDiurwO6knetB366rCwExBa1WUBr0zvcdL8beaUUFaaCbTCGBAYOBDAGwAdABvADoAdwBOAGRAbwBtAGEAcwBAAGI |W:www.bozeman.net<https.://mail.bozeman.net/owa/redir.aspx?SURL=vxrxbdYSSOzoUobmoDblY3Z7YI4zSmlFa31eSHhZ5AEQUUFadCbTCGRAdABOAHAAORAvAC8AdwB3AHcALeBiAGSAeRBlAGS https://mail.bozeman.net/owa/7ae=Item&t=lPM.Note&Id=RgAAAADKfoe7qpHYTaEuVZnolhlUBwAUIWYfRfnkTp7M8CdbJ617AAAN462MAABrEnqBEC...2/2 EXHIBI D Andrea Surratt 'rom: Áent:Wednesday,April 3,2019 8:47 AM To:AndreaSurratt Ct:Chuck Winn;Greg Sullivan Subject:Confidential:Meeting of my staffwith C.Mehl Andrea;This email follows up on the conversation that i had with you last week about this topic.At my regular meeting with th on 3/26,I was concernedto hear that described a very uncomfortable meetingwith CommissionerMem on 3/14.Apparently,and had called Mehl in to havea face-to-faceconversation about the elements of the "Document Transparency"initiative that was going to be discussed in the 4/1 Strategic Plan session.(You had asked staff to follow up with individual Commissioners on single issues for the Strategic Pfan.) told me that the meeting degradedquickly into Mehl questioningstaff on their work methods ("why are you even doing that?"),telling them that the scope of their work should have been pareddown,and veered into an entirely different topic of "Push Notifications". also said that there was a strangeinteraction in the meeting where CommissionerMehl asked each of them for their impressions/feedbackon how he behavedand interacted with them,Stold me he felt it was very welrd and uncomfortable. PO Box 1230 121 N Rouse Avenue 1 EXHIBI E Andrea Surratt )rom: Sent:Thursday,January 17,2019 4:03 PM To:Andrea Sunatt Subject:FYI.Convowith Deputy Mayor Mehl Hi Andrea, Deputy Mayor Mehl stopped by my office this afternoon.He asked for an update on gun locks.I told him that I was coordinating with PD,FD,Gallatin City-County HealthDept.and the Mayor on ,I also told him we were not doing an event.I asked him if he had talked to you and he said he had not yet.He wasvery frustrated that we are not doing an event.He disagrees that a is the most effective way to get the information out.He also shared that he had told Bozeman Health an a atm City-CountyHealth thattheycould attend an event. I told him that I was directed to organize a and was following that direction.I told him that if was directed by you to put togetheran event that I would.He was additionally frustrated that I had to get direction from you and felt that it would silo my position. Severaltimes I asked that he direct these concems and frustrations to you,about both the gun lock project and how my role functions.I feel I handled the interaction appropriately.If you havequestionsI am available. MT 59715 wy ozeman.ne 1 EXHIBI F Andrea Surratt .ient:Friday,August 30,2019 12:35 PM To:Anna Rosenberry;Mitch Reister;AndreaSurratt Subject:FW:water Follow Up Flag:Follow up Flag Status:Completed See below.Would appreciate if Mehl would stop directing staffers like me to reply to his constituency.He's not factually accurate.The city does not We should,but we don't havethat written into the code yet.We're collecting .The link is the LTE from Eileen Hoskings. I'll reply at your direction .Frankly,that's what it'll take to adequately addressthe complexity of this issue. https://www.bozemandailychronicle.com/opinions/letters to_editor/to-stall-water-crîsis-we-must-work-to-limit- growth/article bc61bb08-Se95-55ae-93fb-9129f4816c45.html ---Original Message--- iom:Chris Mehl<CMehl@BOLEMAN.NET> .nt:Friday,August 30,2019 8:44 AM To: Subject:RE:water Eileen, Land often already has water rights or an owner must obtain water rights,or greaterwater rights,before building.The city makes the ownership of water rights a condition for projects.I'm cc'ing staff on how the exact of water right is determined.It's in city policy. Chris Mehl Bozeman Deputy Mayor cmehl@bozeman.net .2 406.581.4992 EXHIBIT From:eileen hosking [ sent:Friday,August 30,2019 7:37 AM ---- To:Chris Mehl ye Subject:Re:water Chris, Thankyou for your response. pn you direct me to a site where I can learn how developersobtain water rights and how the extent of those rights is etermined ? ¿ileen 1 On Thu,Aug 29,2019 at 10:17 AM Chris Mehl<CMehl@bozeman.net<mailto:CMehl@bozeman.net>>wrote: Hey Eileen, Saw your letter in the papertoday.It's a complex issue and I welcome a call from you if you want to chat but here are a quick few points.The city is implementing a modest rate increase,for higher water users,to encourage water conservation.Users in the lowest of the four tiers actually will see a rate decrease--aka the amount of water neededfor household stuff,watering plants,etc for a typical family in Bozeman.Water rates are being adjusted because of the desire to conserve,not because of growth. Also,the city does not approve any new building--houses,apartments,restaurants,offices,whatever-unless that property has sufficient water rights.We're livingin a closed basin,as you know,so no new water rights are being created.So if the property doesn't have sufficient water rights then they can't build.This point,of not building,is approaching--probably more than the 50K figure but coming nonetheless.The city will have sufficient water for current residents,and be a leader in conservation,and agree we certainly cannot keep growing. Chris Mehl Bozeman Deputy Mayor cmehl@bozeman.net<mailto:cmehl@bozeman.net> 406.581.4992 City of Bozeman emails are subject to the Right to Know provisionsof Montana's constitution (Art.II,Sect.9)and may be considereda "public record"pursuant to Title 2,Chpt.6,Montana Code Annotated.As such,this email,its sender and receiver,and the contents may be availablefor public disclosure and will be retained pursuantto the City's record retention policies.Emails that contain confidential information such as information relatedto individual privacy may be protected from disclosure under law. 2 EXHIBI Andrea Surratt rom: Šent:Tuesday,October24,2017 2:26 PM To:Bethany Jorgenson Subject:Instance of Concern at Commission Meeting Hi Bethany, I just wanted to keep HR informed about an instance i saw that concemedme. On Monday,October 23,2017 immediately after the Cîty Commission meeting Cr.Mehl approachedInterim City Manager Dennis Taylor,sat down next to him,and unexpectedlyand somewhat aggressively swung Mr.Taylor'schair around (with him in it)in order to face him,Cr.Mehl was upset regardingan FYl item and proceededget in a heated discussion with Mr.Taylor. As a i felt Cr.Mehl's physical actions against Mr.Taylorwere inappropriate and I was uncomfortable.It appearedthat Mr.Taylorwas both not expectingand not comfortable with Cr.Mehl's action,and I would certainly not be comfortable if anyonedid that to me,especially my supervisor,I would not want this behaviorto be deemed appropriate in the workplace. Please let me know if you need any clarification. Thanks, Rouse Ave,j Bozeman,MT 59715 www.bozeman.net BO2EMAN" 1 Andrea Surratt Wom: Sent:Thursday,November7,2019 9:37 AM To:Andrea surratt Subject:FW:Mehls interview Here's the interview. From Sen Subject:Mehrs interview Hmmmm....Looks like they didn't want to touch on the most "interesting"parts of their chat with Mehl yesterday. https://nbcmontana.com/news/focal/bozeman-officials-explain-citvs-unique-mayoral-process C of Bozeman 1 EXHIBI H J Andrea Surratt 'rom: Šent:Fnday,November 15,2019 3:27 PM fo:Andrea Surratt; Subject:Chr¡s Mehl's TV interview Hi Andrea, While November6,I caught a portion of Mehl givinga TV interview in the City Hall lobby,and I've been asked to send what I heard over to you in writing.l didn't stick around for very much of it,but he was making comments about how the charter hadn't been looked at in a number of years,so now would be as good of a time as any to do it.He also commented on how it would be good to havesomebodywho is always aroundcity Hall and able to attend "all of the meetings". While it's not a ton of info on its own,the context and information I haveregardingsome of the cîty goings-ons and about Mehl led me to stron I believe/assumethat this conversation was in referenceto pursuinga strong mayor position.I mentioned it t shortly after I wrapped up my worlMin large part because,if my assumptions on the context were correct,it just seemed Ilke a very peculiartopicto be broachingin a TV interview, particularly the day after the election and less than 2 months out from him takingthe mayor position-especially given that there hadn't really been any other major public discussions about turning the mayor position to a strong positîon. While I am out of the office the rest of today,I will havemy cell on m and will be keeping an eye on emails if you have any questions or need to follow up on anything.I'll also be aroundall next week.Thanks! CI of Bozeman EXHIBly 1