LovelandPolitics
| Loveland's Independent News Source |
Loveland, December 6, 2015
Loveland's City Council will meet in secret executive session this Tuesday to review City Manager
Bill Cahill's job performance. One councilman who has been critical of the city manager asked
Cahill, in advance of the meeting, to provide 5 "concrete examples" this year of economic
development achievements but reports he hasn't yet received a response.
Cahill, a former economic development director was hired by the City of Loveland in 2010 from the
City of Merced, California primarily for his experience managing redevelopment programs.
However, Cahill has recently been struggling with the failing "South Catalyst Project," the
downtown development association ballot failure, and the ongoing general fund hemorrhaging to
failing projects like the Rialto Bridge which he promises each year to make profitable but continue
losing money.
The agenda item for Cahill's annual review legally noticed to the public states, "This is an
administrative action to conduct an executive session on December 8, 2015, for the review of
performance and goals for the City Manager."
Despite the innocuous agenda description, the closed door meeting promises to be a stormy one as
area developers have been blaming Cahill's management on what they describe as the city's
"intrasigent bueracracy" earning it a reputation for being one of the most difficult place to build
new construction in Colorado's Front Range.
Loveland's current City Council is near evenly split between Cahill supporters and detractors.
Behind the scenes, those looking to terminate Cahill have been gathering steam and some unlikely
allies. Cahill's annual review comes on the heels of what city staff members refer to as an "illegal
bitch session" organized by the city's construction advisory board advisors attended by five
members of Loveland's City Council.
According to sources close to Mayor Cecil Gutierrez, he was furious that Loveland staff members
were not allowed to attend the November 18, meeting with developers where five members of
Loveland's City Council were told the city manager is their problem. A reporter for the Loveland
Reporter-Herald attended the meeting and published an article the following day quoting two
local developers; Scott Bray and John Giuliano.
Loveland staff point to the fact the meeting was supposed to be public thus allowing any member
of the public to attend. By prohibiting anyone employed by the city from attending they are
violating Colorado's open meeting laws, staff argued on Cahill's behalf. Ironically, Cahill himself
prohibited staff from attending after council meetings by a group of councilors in 2012 and was
also challenged for similar reasons.
City Charter Requires a 2/3 Majority
Following last November's election the partisan fault line between council members appears to
have remained largely static which is generally where they also side regarding Cahill's job
performance. According to Loveland's City Charter, the City Manager is appointed only by a 2/3
majority (6 of 9 Council members which includes the Mayor) to appoint or remove (see column
right for Section 8 of Loveland's City Charter).
Prior to last November's election, Mayor Gutierrez and his three Democratic colleagues (Phil
Farley, Joan Shaffer and Ralph Trenary) refused to entertain motions to remove Cahill thus
preventing the majority of 5 Republicans from removing him from his position; though no official
vote was ever taken in public.
Two of the minority of 4 Cahill backers, Ralph Trenary and Phil Farley, are no longer on the City
Council but the election of Democrats Richard Ball and Leah Johnson means theoretically Mayor
Gutierrez retains 4 votes necessary to prevent the majority of 5 Republicans from achieving the
2/3 majority (6 votes) necessary to remove Cahill.
However, Johnson attended the "bitch session" but left early while Richard Ball stayed for the
duration even taking some conversations off-line while promising to look into the developer
complaints. This is significant as Scott Bray is not only a longtime family friend of Councilman Ball
but also was an employer of his ex-wife.
One organizer of the Construction Advisory Board non-staff meeting, Mayor Pro Tem John Fogle,
said it had nothing to do with whether the city will retain Cahill but instead getting feedback from
the development community on how the city can improve its services. The group recorded their
conclusions and recommendations on easel boards provided in the pictures below. While the
pictures below (click to enlarge) demonstrate that was the focus of the session, they also contain
comments like "bad direction given to city building department" which point a finger directly at
the city manager.
Loveland's City Council will meet in secret executive session this Tuesday to review City Manager
Bill Cahill's job performance. One councilman who has been critical of the city manager asked
Cahill, in advance of the meeting, to provide 5 "concrete examples" this year of economic
development achievements but reports he hasn't yet received a response.
Cahill, a former economic development director was hired by the City of Loveland in 2010 from the
City of Merced, California primarily for his experience managing redevelopment programs.
However, Cahill has recently been struggling with the failing "South Catalyst Project," the
downtown development association ballot failure, and the ongoing general fund hemorrhaging to
failing projects like the Rialto Bridge which he promises each year to make profitable but continue
losing money.
The agenda item for Cahill's annual review legally noticed to the public states, "This is an
administrative action to conduct an executive session on December 8, 2015, for the review of
performance and goals for the City Manager."
Despite the innocuous agenda description, the closed door meeting promises to be a stormy one as
area developers have been blaming Cahill's management on what they describe as the city's
"intrasigent bueracracy" earning it a reputation for being one of the most difficult place to build
new construction in Colorado's Front Range.
Loveland's current City Council is near evenly split between Cahill supporters and detractors.
Behind the scenes, those looking to terminate Cahill have been gathering steam and some unlikely
allies. Cahill's annual review comes on the heels of what city staff members refer to as an "illegal
bitch session" organized by the city's construction advisory board advisors attended by five
members of Loveland's City Council.
According to sources close to Mayor Cecil Gutierrez, he was furious that Loveland staff members
were not allowed to attend the November 18, meeting with developers where five members of
Loveland's City Council were told the city manager is their problem. A reporter for the Loveland
Reporter-Herald attended the meeting and published an article the following day quoting two
local developers; Scott Bray and John Giuliano.
Loveland staff point to the fact the meeting was supposed to be public thus allowing any member
of the public to attend. By prohibiting anyone employed by the city from attending they are
violating Colorado's open meeting laws, staff argued on Cahill's behalf. Ironically, Cahill himself
prohibited staff from attending after council meetings by a group of councilors in 2012 and was
also challenged for similar reasons.
City Charter Requires a 2/3 Majority
Following last November's election the partisan fault line between council members appears to
have remained largely static which is generally where they also side regarding Cahill's job
performance. According to Loveland's City Charter, the City Manager is appointed only by a 2/3
majority (6 of 9 Council members which includes the Mayor) to appoint or remove (see column
right for Section 8 of Loveland's City Charter).
Prior to last November's election, Mayor Gutierrez and his three Democratic colleagues (Phil
Farley, Joan Shaffer and Ralph Trenary) refused to entertain motions to remove Cahill thus
preventing the majority of 5 Republicans from removing him from his position; though no official
vote was ever taken in public.
Two of the minority of 4 Cahill backers, Ralph Trenary and Phil Farley, are no longer on the City
Council but the election of Democrats Richard Ball and Leah Johnson means theoretically Mayor
Gutierrez retains 4 votes necessary to prevent the majority of 5 Republicans from achieving the
2/3 majority (6 votes) necessary to remove Cahill.
However, Johnson attended the "bitch session" but left early while Richard Ball stayed for the
duration even taking some conversations off-line while promising to look into the developer
complaints. This is significant as Scott Bray is not only a longtime family friend of Councilman Ball
but also was an employer of his ex-wife.
One organizer of the Construction Advisory Board non-staff meeting, Mayor Pro Tem John Fogle,
said it had nothing to do with whether the city will retain Cahill but instead getting feedback from
the development community on how the city can improve its services. The group recorded their
conclusions and recommendations on easel boards provided in the pictures below. While the
pictures below (click to enlarge) demonstrate that was the focus of the session, they also contain
comments like "bad direction given to city building department" which point a finger directly at
the city manager.
| Builders Target City Manager Before Annual Review |
| Loveland City Manager Bill Cahill |
| ARTICLE 8 CITY MANAGER SECTION 8-1 -- APPOINTMENT, QUALIFICATIONS, EVALUATION AND REMOVAL (a) The City Council, by the affirmative vote of two-thirds (2/3) of the entire Council, shall appoint a City Manager to serve at the pleasure of the Council. (b) The Council shall establish the City Manager's compensation. (c) The City Manager shall become a resident of the City or the Community Influence Area as defined in the Comprehensive Plan adopted by the City Council on May 2, 2000, as amended from time to time, within six ((6) months of appointment, and shall remain a resident of such area throughout the Manager' appointment . (Amended at the election held November 7, 2000. (d) The City Council shall evaluate the City Manager's performance at least annually. (e) The removal of the City Manager shall require the affirmative vote of two-thirds (2/3) of the entire Council. SECTION 8-2 -- ACTING CITY MANAGER The City Council shall designate a qualified City employee to serve as Acting City Manager during the Manager's absence or disability, or during times when the position is vacant. SECTION 8-3 -- EXCLUSIVE SERVICE TO CITY During the period of the appointment, the City Manager shall not be an employee of, or perform any services for compensation from, any person or entity other than the City, unless the Manager has first obtained the approval of the City Council. SECTION 8-4 -- POWERS AND DUTIES OF MANAGER The City Manager shall be the chief administrative officer of the City. The City Manager shall have the following powers and duties: (a) Be responsible for the enforcement of the ordinances, resolutions, franchises, contracts, and other enactments of the City. (b) Establish and implement personnel rules and regulations for City employees. Such rules and regulations shall provide for the selection, promotion, and retention of City employees on the basis of ability, training, experience, and performance. In addition, such rules and regulations shall provide that no City employee shall be discharged, except for cause, from a position of employment which the employee has held for six (6) months or longer, unless the City employee is a police officer, in which case this timer period shall be one (1 year) year or longer. . Nothing in this subsection shall preclude the establishment or application of rules and regulations for a layoff, a reduction in force, or an administrative reorganization, or the establishment of temporary or seasonal positions of employment. (Amended at the election held November 6, 2001) (c) Cause a proposed budget to be prepared and submitted to the Council annually, and be responsible for the administration of the adopted budget. (d) Cause to be prepared and submitted to the City Council, as of the end of the fiscal year, a complete report on finances and administrative activities of the City for that year, and make other reports as requested by the Council concerning the matters of the City in the Manager's charge. (e) Keep the City Council advised of the financial condition and future needs of the City. (f) Except as to the Municipal Court and the office of the City Attorney, exercise supervision and control over all City departments, and make recommendations to the City Council concerning the establishment, consolidation or abolition of such departments. (g) Attend City Council meetings and participate in discussions with the Council in an advisory capacity. (h) Be responsible for informing the public on City functions and activities. (i) Perform such other duties as prescribed by this Charter, or as required by the Council and not inconsistent with this Charter. SECTION 8-5 -- COUNCIL'S RELATIONSHIP TO EMPLOYEES (a) Neither the Council, the Mayor, nor any Council member, shall dictate or interfere with the appointment of, or the duties of, any City employee subordinate to the City Manager or to the City Attorney, or prevent or interfere with the exercise of judgment in the performance of the employee's City responsibilities. The Council, the Mayor, and each Council member, shall deal with such employees solely through the Manager or the City Attorney, as applicable, and shall not give orders or reprimands to any such employee. (b) The City Manager alone shall be responsible to the City Council for the proper administration of all matters placed in the Manager's charge by or pursuant to this Charter. |
