David Betts
By a 3-2 vote the Cook County Board of Commissioners voted to reappoint embattled Cook County Highway Engineer Dave Betts at its May 12 meeting. Betts was reappointed to his position on Friday, May 1 and then upon reconsideration the board moved to not appoint him on May 5. The board reversed itself once again on Tuesday, May 12.
Voting for reappointment on May 12 were Commissioners Garry Gamble, Jan Sivertson and Ginny Storlie. Voting against were Commissioners Heidi Doo-Kirk and Frank Moe.
Commissioner Sivertson made the motion to reappoint Betts, which was seconded by Storlie. She read that it was, “A motion to declare the county board’s actions regarding reappointment of the County Engineer at the May 5, 2015 meeting, special meeting void, and to reinstate the earlier decision made at the special meeting May 1, 2015, which reappointed the County Engineer to a 4-year term.”
Commissioner Moe said he appreciated the board’s decisions but he still believed the action the board took on May 5 “was the correct action.” However, he added the board needed to move on.
Storlie said she emphasized with both Moe and Doo-Kirk who carried the concerns of their constituents and some of the county highway department staff to the board, adding that she knew they felt deeply about this situation. “But I feel that some very good things will come from it.”
Moe then asked the board to help him come up with a plan to have the county’s highway department fix County Road 17 and the Arrowhead Trail, two roads his constituents said haven’t been properly maintained.
Moe also said he wanted to thank the highway department and staff for staying on task and showing their professionalism through this time of turmoil.
The May 12 decision to reappoint came following a closed session with County Attorney Molly Hicken, who said the meeting could be closed because of attorney-client privilege due to threatened litigation.
Before the session was closed to the public, Hicken said, “I would advise you [the board] to make a motion to reverse the motion you made on Tuesday because of threatened legal action.”
The commissioners first reappointed Betts to a four-year term on Friday, May 1. They reversed that decision on Tuesday, May 5 at a special meeting called to discuss a personnel issue with Highway Department Maintenance Director Russell Klegstad.
The motion to not reappoint Betts passed 3-1, with Commissioner Storlie voting against and Gamble not in attendance.
At that hearing, Betts told the board that because they had reappointed him to a four-year term five days earlier, they were violating Minnesota State Statute 163.07. That statute, said Betts later, was put in place in 1957 to keep politics out of the county engineer’s job. The only way for the county board to remove him from his job, he said, was for the board to give him due notice and conduct a formal hearing with the burden of proof on the county to prove negligence or misconduct, and none of those steps had taken place, he added.
Despite Betts’s warning the board voted terminate his employment agreement.MarkIn the DcomingConsulting days Betts hired an attorney to look into the actions taken by the board at the May 5 meeting.
Moving forward
On Wednesday, May 13 Betts was back at work, wading through paperwork, catching up on phone calls, meeting with the crew, and rescheduling pre-construction meetings with contractors that had been cancelled in his absence. “Hopefully no one will ask for delay payments,” he said.
As far as the topsy turvy events of the past two weeks, Betts said, “This has been pretty stressful for me and my family. I’m really heartened by the support I have received from people I know well and from people I didn’t know at all.
“I’m happy the board realized what they did was illegal. It’s troubling to me that when the board was told their action was going to be illegal that they still voted the way they did. My attorney is meeting with the county attorney to see if we can avoid this from happening again,” said Betts.
But as of now, he said, “It’s time to move forward. I’m really proud of my crew and staff and the work we do. As far as fixing County Road 17, it’s one of my favorite roads in the county, but we only receive $1.2 to $1.4 million per year to do all of the road construction in the county. It would be great to get the funds to fix it, but I don’t know where they will come from.”
Reached after the May 12 meeting, County Board Chair Heidi Doo-Kirk said she thought the board followed the process with respectful outcome for everybody.”
“This isn’t personal,” said Doo-Kirk. “As a board we aren’t always going to agree. I want what’s best for the people working for the county. I expect them to be treated with the utmost respect. If that doesn’t happen I will call out (the boss or offender) and confront them. By the same token I will also defend them when they are doing their jobs.
“I have no doubt that Dave and Russ will work very hard. I have no doubt that they will do a good job for the county.
“As far as the board, if we do our homework sometimes we will come to different conclusions on certain things. That’s what boards do,” said Doo-Kirk.
At the May 1, 2015 meeting when County Engineer David Betts was first reappointed, the county board spent more than two hours conducting an evaluation based on the county engineer job description last updated July 2008.
The job description includes the following qualifications: The ability to become registered with the State of Minnesota as a Professional Engineer upon appointment and the possession of a valid driver’s license are required. Prior engineering experience for a Minnesota county and familiarity with the MN DOT state aid system is preferred. Prior administrative, budgetary, purchasing, and supervisory experience is desirable. Must possess good written and verbal communications skills. Must be familiar with computers and other technical equipment used in the Highway Department. Must possess ability to maintain effective working relationships with elected officials, co-workers, subordinates, other professionals, various regulatory and advisory entities, as well as the general public.
The county board and the engineer discussed the 10 criteria listed below (and the amount of time spent on each category.) When the board reconvened, commissioners said Betts had performed satisfactorily on six of the 10 items. The remaining four, the board said, need improvement.
1. Plans and directs the operations and implementation of annual construction and maintenance projects. Develops plans for capital improvements, directs the preparation of impact studies and schedules projects according to funds available. 50% of the job
2. Develops and monitors contracts with contractors and vendors. Authorizes partial payments. Makes final report on existing projects and ensures contracts are meeting specifications. 13%
3. Manages the personnel of department directly or through supervisor to include assignment of work, review of work performed, performance evaluations, hiring and firing recommendations. 10%
4. Prepares and develops annual construction and maintenance goals and objectives. Determines priorities and needs with respect to county highway system. 6%
5. Prepares department budget to meet stated objectives and goals. 3%
6. Analyzes and evaluates the need for capital outlay items. Collects bids and prepares contract for major purchases of equipment and facilities as approved by the Board. 3%
7. Monitors and reviews the annual reports on inspections of county bridges and roads. Determines costs to repair roads and bridges. Prepares reports to obtain funding for projects. 5%
8. Designs construction and maintenance projects. Decides proper slope stability, hydraulics and soils. Adheres to proper stormwater, wetland, and erosion control requirements and practices. 5%
9. Collaborates with other state, federal and county agencies such as MN DOT, DNR, USFS, Federal Highway Administration, SWCD, MPCA, U.S. Army Corp of Engineers, EPA, U.S. Fish & Wildlife, Historical Society, and Cook County Planning & Zoning, to clarify requirements, obtain assistance, learn new programs, and establish technical agreements. 3%
10. Keeps abreast of design standards, construction practices, material usage, and new techniques to improve operations of department. 2%
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