Although the county board’s Tuesday, April 28 meeting agenda included “Discussion and possible action regarding County Engineer Appointment,” there was no discussion and very little action, much to the consternation of Commissioner Garry Gamble.
The first indication that there was conflict of some kind came in the public comment period at the start of the meeting. Often no citizens come forward to speak. At this meeting two people came forward in support of County Highway Engineer David Betts.
Kudos for the county engineer
Highway Department Clerk and Accountant Lisa Sorlie came forward first, noting that she was taking time off work to speak to the board. Sorlie said she has worked with many highway engineers over the past 14 years, for the Montana Department of Transportation, as a consultant and technical writer for the Federal Highway Administration and finally at the Cook County Highway Department. Sorlie said she had been “blessed to work for a number of highly skilled and professional engineers” and, she said in part, “Dave Betts ranks at the top of the list…he cares deeply about our roads and our taxpayers and he expects all staff to give and do our best.
“…Is Dave perfect? None of us is. But I, for one am thankful for the opportunity to work for and with someone of his caliber and I look forward to doing so for a long time to come.”
Sorlie was followed by Hovland resident Chuck Flickinger, who expressed appreciation to all of the county’s public servants. He went on to commend David Betts and former Assistant County Engineer Sam Muntean on the professional behavior he had seen at the public meetings regarding highway rumble strips. Flickinger said he had heard rumors that the county board was considering not reappointing David Betts at the end of his four-year term. Flickinger said he had also heard rumors that this was related to an “ongoing investigation into personnel problems within the traffic department.”
Flickinger urged the county to use “good judgment, fairness and commonsense” and to “investigate thoroughly, and give consideration for what is best for our county.”
Robert’s Rules debate
Later in the meeting, County Board Chair Heidi Doo-Kirk said in order to keep the county engineer working and authorized to sign necessary contracts, she had consulted County Attorney Molly Hicken about an extension of the highway engineer’s contract until May 5 so the county board could hold a special meeting to discuss the reappointment with Hicken present.
Commissioner Doo- Kirk said the county attorney had advised that the county has the right to do so. Doo-Kirk introduced a resolution to do so and Commissioner Frank Moe quickly seconded.
Commissioner Gamble asked for discussion of the resolution and Commissioner Doo-Kirk denied his request, stating, “It’s at the advisement of our county attorney that we don’t have discussion…”
Gamble interjected that under Robert’s Rules, there must be discussion. Commissioner Moe interjected, “Our elected attorney, elected by the taxpayers of Cook County strongly recommended that we not discuss this today, but discuss this on May 5 when she can be available.”
Doo-Kirk said the board could hear from the MnDOT officials, but could not discuss the resolution, based on the county attorney’s advice. There was heated discussion of the use of Robert’s Rules with Gamble stating, “We can’t be selective of when we have discussion and when we don’t.”
Commissioner Moe forcefully requested that the chair call the question and the resolution to extend the county engineer’s appointment until May 5 passed, with Gamble opposed. He said, “I’m extremely disheartened and opposed.”
Engineer questions reappointment delay
County Engineer Betts pointed out that according to the April 26, 2011 motion appointing him to his fouryear term, that term expires April 30, 2015. Betts said he was not resigning or refusing a reappointment, but he believed that if he continued to work past that date, he would be in violation of his contract and Minnesota statute 163.07.
Commissioner Doo- Kirk said the statute in question calls for reappointment in May of the year in which the term expires. Betts noted that there is a board meeting on May 1. Doo-Kirk said she would contact County Attorney Hicken to see if the board could meet with Betts to conduct a review on May 1.
Minnesota Department of Transportation (MnDOT) District State Engineer Duane Hill was given the floor and he gave a glowing evaluation of Betts’s work with MnDOT. Hill also read a letter from retired District State Aid Engineer Walter Leu, who also spoke of the excellent job Betts has done in “all required engineering plans, contract documents, project administration, bridge inspections, needs updates and other state and federal administration.” Leu wrote, “Dave has been exceptional.”
Commissioner Garry Gamble said he appreciated the MnDOT personnel for traveling and writing to advocate for Betts. Gamble said that should be acknowledged and said, “My question is simply, which of the voices do we choose to listen to?”
Commissioner Moe also thanked the MnDOT officials for coming to the meeting and assured them that whatever decision is made, it is something that is not made lightly.
Betts stated that the board received a memo two months ago letting them know that his reappointment was due. He said he has always been willing to have an employee review, but asked why it was put off until the last minute. “With all due respect, I’m not sure why this is an issue now,” he said.
Commissioner Doo- Kirk said the board’s understanding was that his appointment could be done any time in May and she said the board intended to do the evaluation at the first regular meeting in May. For that, Doo-Kirk said, “I apologize.”
Evaluation because of investigation?
The Cook County News-Herald contacted Commissioner Doo-Kirk after the meeting and asked if she could explain why there was a delay in the decision to reappoint— or not reappoint—the county engineer. Doo-Kirk explained that she felt a special meeting to review the county engineer should be held before reappointment because there are three new county commissioners. She said, “I think it’s to Dave’s benefit to have the review. I’m doing this to be fair to him and give him the opportunity to speak.”
Commissioner Gamble also agreed to speak to the News-Herald and he expressed frustration that due process was not followed.
Although the News- Herald has been unable to confirm any inappropriate behavior by the county engineer, Gamble said he believes that at least one of his colleagues wishes to terminate Betts under a clause in the Cook County employee handbook which allows termination for “rude, uncooperative behavior to supervisors, co-workers, and the public, whether in person, on the phone or via other means.”
Gamble said Betts should have the opportunity to face his accusers.
Asked if the board’s desire to review Betts had anything to do with the investigation conducted by Michelle Soldo who was hired by the county in March 2015 to “review and provide advice and recommendations on personnel related concerns in two county departments, the assessor’s office and the highway department,” Gamble said he had not seen the results of the investigation yet.
Asked the same, Commissioner Doo-Kirk said she had seen the investigation results and said that Betts is not the subject of that investigation.
Evaluations for department heads necessary?
Asked if other county department heads have been—or will be—subject to employee reviews, Commissioner Doo-Kirk said that is something that should be discussed. Doo-Kirk said the county does not have a set policy on department head evaluations.
The News-Herald asked the same question of Commissioner Moe, who noted that having a county administrator on board could have deflected some of the conflict over the county engineer’s position. And he said, “We’re going to hire a county administrator who will do reviews of the department supervisors.”
Reached at his highway department office, Betts said he is a strong proponent of employee evaluations. He said the county management advisory team (MAT) has asked for reviews of department heads and the previous county board didn’t want to conduct them. That is why he is baffled at the last minute rush for a review.
An employee evaluation of County Engineer David Betts was scheduled to take place at a special meeting Friday, May 1 at 3 p.m. in the commissioners’ room at the courthouse. The review is closed to the public unless Betts requests that it be open.
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