City’s official response to Bob Roegner’s column | Letter

While responding to opinion columnists is often not advisable, the content of Mr. Roegner's recent column requires a response.

While responding to opinion columnists is often not advisable, the content of Mr. Roegner’s recent column requires a response.

Some facts not addressed in Mr. Roegner’s March 18 “Politics and Principles” opinion column are as follows:

• Mr. Fairbanks was appointed as an alternate civil service commissioner during my tenure as the interim city manager in 2009. I had no personal, professional or political relationship with Mr. Fairbanks. To imply a relationship existed that contributed to his obtaining employment with the city is false. Mayor Skip Priest actually appointed Mr. Fairbanks as a voting member of the Civil Service Commission in September 2011.

• Mr. Fairbanks is a friend of the mayor. He also followed established city process regarding his application for city employment. He was one of several applicants that applied for a code compliance officer position. He proceeded through a selection process and was placed on an eligibility list for open positions.

• Applications for public employment, including resumes, are exempt from public disclosure pursuant to RCW 42.56.250(2).

• Following the interview process, two applicants on the eligibility list were eliminated from consideration during the background and hiring process.

• Community Development Director Patrick Doherty proposed the idea of creating an apprenticeship position to allow a promising candidate, who did not meet the minimum qualifications, the opportunity to obtain on-the-job training and address pressing needs within the Community Development Department.

• In July 2014, Mr. Fairbanks was hired as a temporary employee “apprentice” by the community development director. Temporary employees do not have probationary periods or any of the rights outlined in the city’s employee guidelines.

• The code compliance function was moved from the Community Development Department to the City Attorney’s Office based on unmet supervisory, leadership and development needs on Nov. 18, 2014.

• As Mr. Fairbanks was reaching the end of his six-month apprenticeship program, City Attorney Pearsall assessed his performance and progress and determined he was qualified to be offered a regular, full-time position as a code compliance officer.

• Based on the investigation conducted regarding Ms. Marty Gillis’ misconduct, it is clear that she directed an inventory of signs be conducted in the downtown area. She also directed Mr. Fairbanks to follow up and take action on the complaints a business owner had made. When Mr. Fairbanks contacted the businesses, he was following the direction provided to him by his supervisor. Some of these businesses complained to the mayor’ office. When the mayor’s office followed up with the interim community development director to find out what was generating these complaints from businesses, Ms. Gillis claimed to have not provided direction to Mr. Fairbanks. She then followed up with another employee to make sure the minutes of the meeting in which she provided specific direction were altered. Computer records show when and how this change was made.

• The interim community development director’s inquiry into this matter was limited to four questions of two employees. He never asked the employee who changed the minutes whether someone had directed her to make that change.

• City Attorney Pearsall, during a subsequent meeting, inquired with a code compliance employee about the allegations regarding the changing of meeting minutes. At this time, City Attorney Pearsall asked the employee whether Ms. Gillis had directed the minutes to be changed. The employee confirmed that Ms. Gillis had been clear what the minutes should reflect. The employee at no time changed her story. She had never previously been asked if Ms. Gillis had directed her to change the minutes. This employee is also a law school graduate and attorney whose integrity and character are beyond reproach.

• An internal investigation was conducted by City Attorney Pearsall, and the following serious allegations of misconduct were sustained: (1) Ms. Gillis provided direction to the employee to change the minutes in an attempt to conceal the fact she had directed Mr. Fairbanks to make contact with business owners that were the subject of complaints, and (2) She failed to facilitate the training of Mr. Fairbanks and created a negative working environment for the entire Code Compliance Division.

• Building Official Marty Gillis resigned from her position (in lieu of termination) from the city based on sustained misconduct. The origin of the information that led to Ms. Gillis’ termination was not Mr. Fairbanks.

Over the last eight months, the city has responded to multiple public records requests from Mr. Roegner, producing over 769 pages of documents. This effort has required multiple hours of staff time to complete. Mr. Roegner threatened to claim that the city lacked transparency when I refused his requests to interview individual staff members. On Mayor Ferrell’s direction, he was allowed to interview me, City Attorney Pearsall and the mayor himself for this column. It is disappointing but not surprising that after all of the efforts to do the right thing, follow best practice employment procedure, and meet the spirit and intent of public disclosure, the content of Mr. Roegner’s opinion column is as factually inaccurate as it is.

The publisher of the Federal Way Mirror has reiterated on several occasions that Mr. Roegner, as a contributing opinion columnist, is not an employee of the Mirror and is not subject to direction regarding the content of his columns. As an opinion columnist, he is also not bound by the Society of Professional Journalist’s Code of Ethics and/or the standard of acting with integrity as an ethical journalist. As a result, the motivation and intent behind his opinion columns are for purposes other than the pursuit of accuracy, fairness, or thoroughness. As an “investigative opinion columnist,” there is no accountability or responsibility to have a balanced approach or to “get it right.”

The city of Federal Way and its citizens deserve more from the Mirror and their contract investigative opinion columnist.

Brian J. Wilson, Chief of Staff, city of Federal Way