I don't know that this post is entirely necessary, but of course Cheryl Hentz is up to her neck in what she doesn't understand yet again.
So the question now needs to be asked, 'who should pay the bill?'
My first answer is Bill Castle. He jumped the gun and filed a complaint without legal consultation and lost. The costs incurred by Esslinger should be reimbursed by Castle. BUT, Castle is NOT required by law to pay those bills (this was not a court filing or civil suit) so he is simply opting to not pay and let the taxpayers foot the bill instead. Responsible politician.
My next answer is the city. Esslinger was acting as a public servant at the time the comments in question were made. He was also acting AFTER receiving legal advice from the city attorney and told by the City Attorney that he could NOT give any advice once the investigation began. Therefore, he should NOT have to bare the expense.
The third option was suggested by Hentz. That Esslinger should pay the bill himself. And here is where Hentz is completely off her rocker. First, he was acting as a Council Member and was not allowed to even SPEAK to the City Attorney about the complaint. If I were approached by the DOJ and told that I was being investigated for a comment that I made while doing my job, I would want to confer with an attorney too. As a matter of fact, Mr. Esslinger asked the DOJ if he should have an attorney and they told him "that was his right".
Here is the clincher... Two years ago, Mr. Esslinger sent a letter through his attorney addressed to Cheryl Hentz asking her to retract an inaccurate statement that she had made regarding campaign contributions made in the year before. Basically he told her that she lied. What did Hentz do? She hired George Curtis. Now I have to ask WHY? Why should she have to hire an attorney if she didn't do anything wrong? Esslinger didn't file a lawsuit. He didn't file a complaint with the DA. He simply had his lawyer mail a letter and Hentz hires an attorney. Talk about a hypocrite.
Hentz also stated that "every elected official who has a complaint filed against them does not get an attorney right from the start. In fact, I would venture to say there are many more who don't than do". Really Cheryl? And just what FACTS are you basing your comment on? Your extensive network of elected officials that have been investigated? Truth is that you don't have a clue. Just admit that you are looking for ANYTHING to throw at Esslinger. The first step to recovery is to admit that you have a problem. Sure is a good thing that you didn't get elected.
On a side note, there was an inaccuracy (lie) that was uncovered by the ONW on the form that Castle filed with the DOJ. When the question was asked if he had contacted any local agencies (ie police, fire, DA office, etc.) regarding this complaint, he responded "NO" even though he contacted the Winnebago County District Attorney first. Not important, but food for thought.
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16 comments:
If Castle is a decent person, he will offer to pay the fees.
We will soon see exactly what kind of character our ex-Mayor has.
You're right, Kent. You DON'T need to get involved. Let Esslinger speak for himself. He's conspicuously absent from this discussion, in your blog, in his defense.
Where are ya, Paul?
So Cheryl Hentz is a liar along with being a hypocrite?
Whoda thunk it?
Things are starting to slow down here, Kent. Aren't we about due for a blog ripping city employees again? You don't have to rip on them, just provide the forum for others to do it while you stand by idly.
Well as long as you asked for comments about City Employees…Here is an EXCELLENT column that appeared in the 11/7/07 edition of the Northwestern.
Mr. Knollenberg “hit the nail on the head” with his commentary.
As seen by one reader reaction, I believe many others in Oshkosh have similar feelings towards how our Administration conducts business.
From some of the comments made by Mr. Fitzpatrick at the recent budget hearing meetings, I am not at all comfortable that he is not just another jaded executive who will do what’s best for employees at any expense to the property tax payer.
Posted November 7, 2007
Commentary: Generous severance pay packages for voluntary city retirees pointless waste
By Gus Knollenberg
"Severance pay," I yelled as I read the main article in the Oshkosh Northwestern's October 12 edition.
My startled wife, who had been contentedly reading a book, asked me what was wrong. "The Oshkosh City Attorney is going to get eight weeks of paid severance leave for retiring …for VOLUNTARILY leaving the employ of the city. That's just not right," I ranted.
Well, as the facts became known over the next few days, there was more "not right" about this retirement.
My initial revulsion concerning severance pay was based on my understanding and experience that the term means "a payment made to an individual who has been dismissed by an employer." It is intended to assist the fired employee by providing limited income while he or she searches for another job. That's not the case here.
The city attorney resigned, requested retirement. The personnel director said the situation was not "contentious," that the retiree wants to "move forward" and pursue other interests.
So why are we paying him to leave?
The Personnel Director insisted that such an arrangement is common practice for public sector employees. Well, it isn't for private sector employees, and it shouldn't be for public sector employees. The city of Oshkosh just helped perpetuate the idea that it is common.
For a little icing on the cake, by using the severance pay to extend employment to January 2, 2008, the city attorney will be paid 50 percent of his unused sick leave at his 2008 rate of pay rather than the lower 2007 rate.
As described by the personnel director, justification for this severance pay was that the negotiated agreement prohibited the retiree from suing the city or seeking re-employment with the city. Unless there is some information so far not made public that would point toward possible lawsuits, this first reason sounds empty. I can't even understand the second reason.
So, here we have the government of a city of more than 62,000 people, which, on a Wednesday, had on duty its top legal professional. On a Thursday, it did not. I want to offer a satirical thanks to the city attorney for the advance notice, which would have allowed for the smooth transition of his responsibilities to others.
I have no doubt that the quality of the city's legal work was damaged by this overnight exit.
At the core of this debacle is the city manager's role. A few days before he officially left office, he negotiated the severance package for the fast-departing city attorney. The odor from that is strong. We don't know many of the details of how this all happened because the city manager invoked the protection of a "personnel issue." The personnel director was included, but he evidently saw nothing wrong with the proceedings. Neither of these gentlemen thought it necessary to involve the Oshkosh Common Council.
Meanwhile, the city manager retired and is no longer an employee. His severance package did not extend his employment but was considered a lump sum payment in the settlement of his contract.
If I were a member of the city council, I would be enraged over the way this issue was handled. None of them had prior knowledge of this and were only notified by e-mail on the morning of the retirement. Additionally, at this same time, the Council was looking for more information about the city staff's involvement in the recent controversy surrounding the 100 North Main redevelopment project.
I hope the council is not done asking questions of the city attorney.
After all, he is still on the payroll.
Northwestern Community Columnist Gus Knollenberg is a father of three, a grandfather to six and a spouse of 46 years. Besides nature, photography and writing he enjoys observing the details of life and uncovering threads common to so many of us. He is presently a part-time human resources and finance manager in the family's business
Reader Reaction:
Gus-
Thank you for that letter. I'm glad to know there are more citizens that share the outrage of how current events have transpired.
Well said.
MORE COUNCIL Mistakes?
What is it about politicians and the inability to make decisions?
First we have a BOE and recently the representatives in Madison over a budget and now our own city council.
If you didn’t want an interim manager serving the city…
Why the rush to usher Mr. Wollangk out the door. He could have served the city
all the way through this process.
Why spend the money on advertising an interim position?
Why start the selection process?
Why announce the final candidates and than decide its not the right course of action?
These decisions are ripping this city apart and you as our elected council need to
mend it. ASAP.
Council members PLEASE Finish the process you have started it. Honor the applicants and the application process you as a council initiated. Don’t jump ship in the middle of Lake Winnebago. This ship needs a captain! We can’t drift on the tides of political unrest and questionable leadership. We have some serious vacancies at 215 Church Street. A temporary captain is better than no captain for a year. If it takes a year to find Mr. Wollangks’ replacement your hiring process is seriously flawed.
We are looking for a qualified leader for our city not a Savior to solve all its problems.
You have selected 5 candidates to interview. These candidates realize the position is temporary; but perhaps there is just one that could serve as interim and be able to prove to be qualified to serve as our permanent leader. There would absolutely nothing wrong with an interim getting a promotion. There is nothing better to inspire a good performance than a reward or promotion.
In this process you will have saved the city taxpayer dollars by avoiding a second search.
No offense intended but…. Right now is council appears more like indecisive teenagers rather than educated professionals.
One of the initial interview questions should be: Can you or are you willing/able to serve the city as a permanent city manager?
I have to conmend Paul and Dennis they got this one right!
For all the lip service the majority of our elected councilors don't care to hear from the taxpayers.
Why else couldn't this meeting be noticed and a vote taken TUESDAY?
If I understand this vote right and it takes a year to find a new city manager...a search started in January will yield results in 2009.
This city without a manager until at least January 2009 is just plain STUPID and many other adjectives.
This was a major decision.
A decision the Mayor choose to leave the citizens out of. Leaving citizens out of the discussion was wrong.
We'll keep watching and listening, maybe a year from now Ms. King will bring this item
back for the citizen input this topic deserved.
It's interesting, with all of the grumbling we have heard on this site and others about how much city employees are overpaid and over-benefitted, that NO ONE, not one person spoke at the city council meeting tonight when there was a public hearing about the budget. It must not be that big of a deal.
Arbitration is the key word here.
City employees many or may not be overpaid, but they are certainly over compensated on their healthcare packages.
I wonder how long the Hollywood strike will last?
Wouldn't it be interesting if all unions other than critical public safety (ie police and fire) would be allowed to go on strike!
I wonder how long they would be walking around 215 Church Ave? But alas, the PUBLIC sector unions continue to live in their protective bubble, insulated from reality.
That's what Council members are for 9:46! I bet if you asked a few of them they would tell you they hear plenty from citizens about our overpaid city employees.
Remember, we taxpayers fund 95% of city worker healthcare. The workers only pay 5%...and on top of that, receive excellent additional benefits, pension and yearly wage increases.
Now...Here is how it works outside of the public sector protective bubble:
From the Northwestern Blog-
My wife and I both work for small companies that do not even offer health insurance benefits, or any benefits for that matter. Since we have no minor children, we do not qualify for the Badgercare / Medical Assistance programs that are offered by the government. To buy our own insurance, with a $7500 deductible EACH, and a 60/40 split, the cost is a little over $400.00 per month. Hence, neither one of us has any health insurance. Everything is out of pocket. I will say, we are fortunate because we have the Fox Cities Community Health Center in Menasha that provides health care to us based on our income. My wife got a mammogram for $47 and the rest was paid for by charitable foundations (not tax dollars - we checked). (The Deana (sp?) Favre Foundation is one that they are able to utilize).
Many people ask us why we don't go to work for a company that provides health insurance. The reason is that we both love our jobs and the people we work with. How many of you can honestly say that?
As far as wage increases go, we both are awarded based on merit, so we are grateful for that. In my past experience, employees who are given increases on a 'schedule', don't work as hard as those who are being evaluated on their actual performance. I have worked in places like that for many years. The hard workers get jaded after a while and it's a shame because these companies could go much further if they let their employees go as far and learn as much as they can to better the company, and then reward them for that.
I feel sorry for all of the uninsured and under-insured people in our community. If you need basic health care (non-emergency), call the FCCH in Menasha (I think they serve Winnebago, Calumet and Outagamie Counties). The number is 920-731-7445.
This family struggles but seems happy. They help fund city workers heathcare (95% paid by taxpayers) if the are a property owner or renter in Oshkosh, yet they can't afford health insurance themselves.
The public sector unions healtcare costs are a burden on taxpayers.
Police and fire, huh? What are you going to do when you turn on your water fawcet and not water comes out? Or you flush the toilet and nothing goes down? Or your garbage doesn't get picked up every week? Or we have two feet of snow and the streets don't get plowed?
New motto: "Oshkosh City Employees: No one knows what they do until they don't do it!"
QUID PRO QUO
"Oshkosh City Employees: No one knows what they do until they don't do it!"
So....lets try that and see what happens. If you truly believed that, you wouldn't hide behind No strike laws and arbitration, you'd WANT to go on strike to show everybody what would happen.
Many of the employees hired and holding city jobs should be allowed to strike.
Only critical public safety positions should be exempt from striking.
Get out there and walk the line the the writers in hollywood are if you think your job is so important or you are not replaceable.
You guys need to have your protective bubble burst, so we taxpayers can be done providing 95% of the cost for your health insurance coverage.
Quid Pro Out-The-Door!
You don't have to provide my benefits. Move somewhere else.
QUID PRO QUO
Try going on strike and see how important you are.
EVERYONE is replaceable...even city workers.
You guys need to have your protective bubble burst, so we taxpayers can be done providing 95% of the cost for your health insurance coverage.
Quid Pro Out-The-Door!
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