BC Council split evident in annual review

By Cassie Tomlin

Published Tuesday, Nov. 18, 2008 | midnight

Updated Tuesday, Nov. 18, 2008 | 6:54 p.m.

City Manager Vicki Mayes' annual evaluation by the City Council played the same Monday as it did last year: Three council members were strong supporters and two were highly critical.

The next day, reviews of City Attorney Dave Olsen and City Clerk Pamella Malmstrom split the same way, but the comments were less harsh.

In the two days of special City Council meetings aired on the city's cable station BCTV, longtime council members Mayor Roger Tobler, Councilwoman Andrea Anderson and Councilman Mike Pacini said the three appointed officials treat elected officials fairly and encourage open discussion.

Councilman Travis Chandler and Councilwoman Linda Strickland, who hold the two newest seats, said Mayes, Olsen and Malmstrom treat them with disdain and unwillingness.

The two said both Mayes and Olsen act to further their political agendas and not in the best interest of the city.

Mayes has served as city manager since 2004 and was city clerk from 1992 until her appointment to city manager. Olsen has been city attorney since 1999, when she came to Boulder City from Ely.

Mayor Roger Tobler was the first to praise Mayes at the evaluation.

Under Mayes' direction, he said, Boulder City is "moving forward and running smoothly." He lauded her budgetary leadership and her communication with the council.

Councilwoman Andrea Anderson called Mayes "outstanding," and blamed Chandler and Strickland for unrest on the council, saying they had come on the board wanting to get rid of Mayes.

Chandler said in the year since Mayes' last review, several of her actions have caused him concern.

"What we have here is a city manager who has an agenda of her own and she's pursuing it," he said. "The problem is, that's not how our system of government works."

Chandler said he was displeased that Mayes had enacted a media policy last year without consulting the council.

Strickland, in addition to completing the three-page evaluation form all council members filled out for Mayes, submitted a 13-page attachment detailing her concerns with the city manager.

Mayes reacts positively to directions from the three longtime council members, and negatively to her and Chandler, often rolling her eyes or shaking her head while they speak, Strickland said.

"There's a lack of team effort, between the council members and our city manager," she said. "It's ineffective team favoritism and lack of a fair playing field. ... Part of the problem is the fact that she can act how she acts and there's no consequence, no discussion, no reprimand, because of the current makeup of the council."

Pacini said if Mayes has an agenda, it's to do what's best for the city.

"She wouldn't be sitting here if she didn't have some kind of vision to bring to the table," he said.

The council made about 20 long-term goals to Mayes for the coming year, chiefly charging her with creating a fallback plan for the city's budget, getting new permits from the Southern Nevada Health District for the municipal landfill and continuing to pursue renewable energy options for the Eldorado Valley.

Tracy Strickland, husband of Linda Strickland, was the lone resident to criticize Mayes during public comment, while 22 people expressed support.

Many of them are current or former city employees or council members, and nearly all said they have known Mayes for as long as she's been city manager or longer.

Iris Bletsch, a former mayor, said she voted in 2004 to appoint Mayes, whom she called "exemplary."

"I have to pat myself on back, because I think its one of the best decisions I've ever made," she said.

Most, in addition to praising Mayes, attacked Chandler and Strickland and the council's frequent 3-2 split votes.

Olsen and Malmstrom came under scrutiny the following day, with a similar split on the council.

Anderson told Olsen that he's timely and always fair, but suggested he more carefully proofread contracts before presenting them to the public.

Tobler three times interrupted Chandler's evaluation of Olsen, during which the council member criticized the attorney's positions on the Nevada Open Meeting Law and his public criticism of a criminal complaint filed against Malmstrom, while not addressing the one filed against Strickland.

"Do you always take a very, very narrow interpretation of the rule? No, you don't. Sometimes you take an extremely broad interpretation of the rule," said Chandler, who is an attorney. "You pick and choose your style of lawyering."

Tobler told Olsen he appreciates his legal expertise.

"Not being an attorney, I do have confidence in your job and what you do," he said. "I believe you tell us what you really think is right and wrong, not what we want you to rule."

He did ask him to be more active in contract administration and to alert the council if he's overloaded with cases.

Pacini told Olsen he appreciated his presence in the community.

"City Hall doesn't just end when we shut the door. We're everywhere," he said.

Strickland, an attorney, told Olsen she wished they would communicate better and use each other's legal expertise as a resource, and Olsen said he agreed.

"Between you and I, I'm at an impasse," Strickland said. "I feel that as a council member, you're not responding to my questions anymore. I just really want to get to the level with you that you are somebody I can work with, someone who appreciates comments being made and gives me feedback when needed."

She said she thinks he's the most powerful and influential of the three appointed officials, and expects him to be above "politicizing."

Pacini called Malmstrom, who has been city clerk since 2005, "tremendous," and a self-starter who has "grace under pressure."

Anderson commended Malmstrom's professionalism, saying she's timely and thorough and presents an "excellent public image."

Chandler said though his review of Malmstrom last year was all positive, he was bothered this year by Malmstrom's advocacy of removing council reports from agendas, and her "unilateral policy decision" to remove generic reports from city committee agendas.

Strickland said earlier this year, after the filing of a recall petition aiming to oust her and Chandler, her relationship with Malmstrom had deteriorated.

She said she's concerned with Malmstrom's capacity to keep records and record minutes, noting she doesn't trust the minutes recorded and now reviews the council tapes against the meetings for accuracy.

Malmstrom invited Strickland to her office to discuss their personal relationship.

Cassie Tomlin can be reached at 948-2073 or [email protected].