Mayor Blocks Move To Support Staffer Fired Over Parking Tickets

EVANSTON, IL — Following the second consecutive City Council meeting with comments from more than a dozen residents supporting the reinstatement of a popular community service manager, Evanston's mayor Monday blocked an alderman's motion to direct staff to draw up a resolution in support of Kevin Brown as he appeals his termination over parking ticket-related allegations.

Brown was fired last month from his position managing the Youth and Young Adult Division of the city's Parks, Recreation and Community Service Department, a role he had held since 2012. Under his leadership, the program has been credited with helping reduce violence and increase employment among the city's most at-risk communities.

Brown was terminated on Nov. 15 following a pre-disciplinary hearing where city staff presented charges that Brown improperly used a city-issued credit card to pay parking tickets issued by city staff to city-owned vehicles parked at City Hall. City staff offered Brown a 10-day unpaid suspension if he signed a "Last Chance Agreement," which he did not agree to sign. His conduct, according to his termination letter, violated the city's rules and rose "to the level of gross incompetence."

The following week, Brown's attorney, Shawn Jones, sent a letter requesting an appeals hearing before Interim City Manager Erika Storlie. It contested allegations that described an average of three tickets per calendar year as "repeated and blatant" disregard of city policies and suggested it was "disappointing to see such incendiary language in what should be a dispassionate, fact-based memorandum." Jones said he had never seen a "more obviously pretextual rationale" for such discipline or termination in years of representing hundreds of government entities.

"It is clear that there is something underlying the proposed discipline other than parking, particularly given the sporadic nature of the alleged violations over a three year period," Jones added. "Also, the timing of this discipline raises serious questions about the motivation behind it. Mr. Brown will shortly shift from the Parks and Recreation Department to the Health Department, and this discipline looks and feels like a final effort to punish him on his way out the door. With June being the most recent parking ticket at issue, and the fact the proposed discipline [was] issued on the last day of October, the timing becomes even more problematic."

The letter cited statements from former city employee Porschia Davis that all transactions on city credit cards were signed and approved by Parks Director Lawrence Hemingway or Assistant Director Karen Hawk. At a City Council meeting last month, Davis publicly accused Hemingway of sexual harassment. Hemingway did not respond a request for comment about her allegations, and portions of his personnel file provided in response to a public records request show no sign of any discipline.

At the Dec. 9 meeting, Mayor Steve Hagerty declared that 9th Ward Ald. Cicely Fleming's motion was out of order after it had been seconded by 6th Ward Ald. Tom Suffredin.

"People are very upset, as we all know," Fleming said. "I know we don't always discuss these issues publicly, but people have asked for us to do more than sit here and defer to the city manager, so I'd like to make a motion to draft a resolution to support the reinstatement of Kevin Brown."

Hagerty claimed the issue could not be discussed because it was not on the agenda and that it "can't be on the agenda" because it is outside of the City Council's purview.

"It is within the purview of the city manager to hire employees, to fire employees, to discipline employees. That is not within the purview of the Evanston City Council," the mayor said.

"But this resolution is just showing support. I'm not making a resolution that [interim City Manager Erika Storlie] hire him, I realize that's not my job," Fleming responded. "The resolution is in support of reinstating him. People can vote yes or no based on what they feel they want to do."

"We still don't have the item on the agenda," Hagerty said.

"I don't believe it has to be on the agenda, I'm making a motion for it now, so if we vote it forward then it will come on the agenda at the next meeting," Fleming said. Suffredin repeated his second of the motion.

Hagerty again asserted the motion was out of order and could not be discussed, citing Robert's Rules of Order. In fact, Robert's Rules call for the chair, in this case Hagerty, to state a motion once it is seconded. Further, the Evanston City Council's rules require a vote following a motion and a second to call the question, although a two-thirds vote of aldermen present is required if a roll call vote is requested.

Corporation Counsel Michelle Masoncup said it was actually the Open Meetings Act that prohibits such a motion since it forbids the discussion of matters not on the agenda. She said any resolution to support an individual would be in "furtherance" of a personnel matter and a management decision for the city manager. Fleming disagreed.

"I know we are not going to have a discussion about a personnel matter. I'm very clear on that. However, I think it has been very clear — particularly by a lot of people who've never come here — that this is an important issue to them. They understand our form of government, but they also are extremely frustrated that we have not addressed their concerns. And so I think just to continue to say, 'It's personnel, it's personnel,' is not meeting their needs. I don't think it's democratic, I think it's very, very frustrating and I don't know why we would not as a body — although we are not going to ultimately make this decision, the city manager is — address this in the best way that we can," Fleming said.

"The city manager operates under our guidance. So this is giving the city manager guidance in terms of where we want to the matter to go," the alderman added.

"I don't think it's appropriate in this matter, or any personnel matter," Hagerty said.

No other members of the council commented on Fleming's motion.

"This is a greater policy decision," Masoncup said. "The City Council can't, because a community wants something to be discussed or a resolution to be passed, for you to change the essence of the city government and the role of the city manager. This is a much bigger issue. If the council were to address this resolution, you really are trying to undo the form of city government that we have."

The city's top attorney said it would violate the Illinois Open Meetings Act to vote on the motion, although the language of the act suggests otherwise.

"If a matter is not the agenda, it can't be discussed by the City Council," Masoncup opined.

According to the act, public bodies' posted agendas must include the "general subject matter of any resolution or ordinance that will be the subject of final action at the meeting." But it specifically says its agenda requirement "shall not preclude the consideration of items not specifically set forth in the agenda." This indicates Fleming's motion to direct staff to draft an ordinance to be placed on the agenda of a future meeting was not violation of the OMA since it would not have been a final action on the resolution.

Ahead of Monday's meeting, Fleming wrote a guest essay in the Evanston RoundTable disclosing that city staff had blocked distribution of her Nov. 25 ward newsletter until the following paragraph was cut:

Lastly, I want to address the current personnel matter that has been in the news. I am in disagreement with the determination that the Youth & Young Adult Manager should be fired for the stated allegations. Since joining Council, I have voiced many concerns around fairness of the rules and staff treatment (perceived or real), and this incident highlights both. I have spoken to the Interim City Manager and asked that the manager be reinstated utilizing appropriate human resource policies. In addition, I am proposing that the Council both review our HR Manual in a public meeting as well as establish a standing Council personnel subcommittee to have better oversight and input into our Human Resources process and procedures. I believe we have a lot of opportunity to improve management of personnel, hiring and firing – which will result in more efficient City management and fewer staff related complaints and lawsuits.

Fleming said the above statements did not violate any personnel laws. Part of her role as an alderman, she said, was to explain her votes, voice her concerns and be fully transparent. There is no requirement she must keep her opinions confidential, she argued. Fleming went on to reference newsletters Hagerty distributed over the summer.

"Earlier this year the Mayor published two newsletters calling for the County Sheriff to investigate a leak and accused the Council of violating the law," Fleming said. "Though I disagreed with those statements, I respect that as an elected official he has both the right and responsibility to address the residents and share his opinion. As we move forward. I am trying to remain hopeful that all elected lawmakers are afforded the same respect."

Storlie denied Brown's request for an appeal hearing, Brown said late Thursday.

Earlier: City Urged To Reconsider Firing Of Community Services Manager Kevin Brown

This article has been updated with Evanston city staff's decision on Kevin Brown's appeal.