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HomeMy WebLinkAboutSP June 26, 2002 < \ / CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923. WWW.CI.ANDOVER,MN.US Special City Council Meeting Wednesday, June 26, 2002 City Hall Conference Room A & B 1. Call to Order - 6:00 p.m. 2. Sunshine Park Public Service Complaint 3. Adjournment , J , . Fd e.. \ ) CITY OF ANDOVER 1685 CROSSTOWN BOULEVARD N.W.. ANDOVER, MINNESOTA 55304. (763) 755-5100 FAX (763) 755-8923 . WWW,CLANDOVERMN.US TO: Mayor and Council Members FROM: John Erar, City Administrator SUBJECT: Sunshine Park Facility Use Complaints DATE: April 30, 2002 INTRODUCTION As Council is aware, my office has received two written complaints alleging inappropriate conduct by two members of the Park and Recreation Commission at the Sunshine Park building facility. Given the nature of the issues under review, my office has conducted an internal administrative investigation and contacted both the Anoka County Sheriffs Office and the Office of the City Attorney to ensure appropriate actions by the City with respect to the nature and substance of the complaints received. Public facility use issues addressed through this internal administrative review are to provide the City Council with information regarding: 1) The nature and substance of complaints alleging inappropriate and threatening behavior towards a member or members of the public using a City facility by Parks and Recreation Commissioner Alan Grabowski and alleged complaints of inappropriate behavior by Parks Commissioner David Blackstad. Note: Council should be aware that the complainants have requested that their names remain confidential due to specific concerns the complainants have with retaliation and! or continuing intimidation! verbal abuse concerns. 2) To provide Council with written accounts from other individuals who were either centrally or peripherally involved with the situation under review. Interviews were held with several members of the public who were involved with the underlying use of the facility that precipitated the alleged incident under review. All individuals interviewed were encouraged to provide written statements to my office. Copies of individual accounts are attached. 3) To provide Council with information regarding actions taken by my office in response to the complaints received by the City in order to minimize any perceived public safety liability issues the City may have with respect to the public use of the facility and to safeguard in specific terms the rights of all persons to use a public facility in a safe and user-friendly environment. 4) Finally, to identify and outline proposed changes to existing policies to address and resolve continuing concerns with the public's use of the Sunshine Park facility. , . . Sunshine Park Facility - Public Use Complaints April 30, 2002 Page 2 of9 Statutory Guidance State Statute allows the City Council first discretion in determining the procedures to investigate allegations of inappropriate conduct by Commission members appointed under its authority. 1. Council, by a majority vote, may determine whether the complaint allegations are serious enough to warrant further review by the governing body. This process should be accomplished by placing the item, without underlying detail on the agenda for Council determination. The essential nature of the allegations shall be identified as "Sunshine Park Facilities - Public Facility Use Complaint". 2. If the allegations are determined by the Council to warrant further review, the Council will need to hold a closed Executive Session to consider the allegations. The City Attorney has indicated that as the appointment of Commission Members are subject to the "authority" of the Council, the Council must hold an Executive Session for "preliminary consideration of allegations or charges against an individual subject to its authority"! to investigate, interview parties, discuss and deliberate the facts as they believe them to be and make a final determination in private session with the following exceptions. - the subject(s) of the complaint are legally entitled to be notified in writing of their right to request that the matter be discussed in open session and the Council must comply with the request for an open meeting. - If the members conclude that discipline of any nature may be warranted as a result of the allegations, further meetings or hearings related to that conclusion is reached . , must be open. 3. Should the allegations be handled in Executive Session, at their conclusion the Council will need to make a public statement regarding the final disposition of the allegations under its reVIew. In dealing with the complaints, Council may choose: a. To put them aside and allow the parties to seek out remedies extrinsic to the legislative authority exercised by the Council. That is Council may choose to do nothing or may decide to fonvard the complaints to the Sheriffs Office for investigation or the City Attorney's Office for potential prosecution. b. To request additional legal or administrative guidance as it deems appropriate to assist in deciding the matter. c. On the basis of the information provided in this report to take actions as it deems necessary and appropriate to ensure the health, safety and welfare of the public. Correspondingly, the complainants in this situation may alternatively decide, if dissatisfied by the City Council's response to their complaint may pursue other remedies as they determine to be civilly appropriate. Limitations of Administrative Review \ 1 Minnesota Statutes, Chapter 13D.05, Subd. 2, (b). Copy is attached. , Sunshine Park Facility - Public Use Complaints April 30, 2002 Page 3 of9 / Subject to City ordinances2, the appointment and/or removal of appointed citizens to a City Commission is a legislative act subject to the sole authority of the City Council. Under the City's governing structure, members of City Commissions are accountable to the City's governing body with respect to their appointment or contemplated removal. Commission members serve at the pleasure of the Council, and may be removed with or without explanation by the governing body. Appointed members to a City Commission have no employment relationship with the City of Andover and are paid a stipend only for the purposes of attending meetings. Advisory Commissions, such as the Park and Recreation Commission, have no authority individually or as a group with respect to policymaking or policy/rule enforcement unless specifically delegated by the Council. Advisory bodies serve at the Council's pleasure to carry out functions specifically delegated by the governing body through City ordinances and are not entitled to any benefits of public service not accorded to the general public, with the exception that their appointment or subsequent removal is subject to the authority of the City Council only. Accordingly, this report regarding the events under scrutiny will make no recommendation as to the complainant's request that a Commission member(s) be removed from their seat on an advisory commission, nor will this report attempt to characterize the veracity of the accounts provided other than to corroborate individual accounts and identify potentially important information to assist the Council in its deliberations. Council, at its discretion, may decide the issue of responding to citizen complaints against appointed members of City Commissions unencumbered by administrative recommendations. J Incident Under Review On the early evening hours of April 22, 2002, Park and Recreation Commission members Al Grabowski and David Blacksted allegedly had a verbal confrontation with the President of the Andover Baseball Association at the Sunshine Park building facility. This confrontation was witnessed by other members of the public in attendance and those persons have been contacted to gather additional information as it relates to the complaints submitted. 1. The alleged nature of this confrontation from complaints submitted by two members of the public suggest that Parks Commissioner Grabowksi used profanity in a public facility, attempted to physically intimidate a member of the public, made physical and verbal threats against a member of the public and that Comm. Grabowski allegedly presented himself as a City employee with authority to control the public's use of a City facility as a member of the Parks and Recreation Commission. With respect to a telephone interview my office had with a Mr. Tim Angell, Mr. Angell indicated that Commissioner Grabowski did allegedly identify himself as a City employee and member of the Parks and Recreation Commission when he entered the Sunshine Park facility. Commissioner Grabowski denies the allegations characterized in the attached complaints. 2. The alleged nature of inappropriate conduct by Mr. Blackstad as described suggests that Parks Commissioner Blackstad accompanied Commissioner Grabowski to the facility and made / 2 City Ordinance 229. Establishing a Park and Recreation Connrussion. Copy is attached. , Sunshine Park Facility - Public Use Complaints April 30, 2002 Page 4 of9 several statements to public users of the facility detrimental to his position as a Parks and Recreation Commissioner and to the City of Andover's control over a public facility. Further, Commissioner Blackstad's comments were perceived to be in support of the alleged statements made by Commissioner Grabowski as to the control and use of the public facility. Commissioner Blackstad has acknowledged making derogatory statements similar to those characterized in the attached complaints regarding the City's authority to control public use of the facility and advocating the withholding of information from the City regarding perceived violations of policy controlling the use of the facility. DISCUSSION Administrative Actions Taken in Response to Public Service Complaints On April 23, 2002, my office was contacted by both complainants informing me of the alleged incident in the Sunshine Park facility, a public facility. In response to the allegations, I contacted the City Attorney's Office and the Anoka County Sheriff's Office to obtain advisory guidance on actions the City should take in response to these particular public allegations. I also discussed at length the nature of the allegations with the complainants to determine their rnindset with respect to the incident, i.e. what actions or remedies were they expecting from the City, did they feel threatened or intimidated, were they considering criminal actions against anyone involved, did they , '\ feel that they could safely use this facility. Due to the substance of the allegations, the following j administrative actions were taken: 1) Contacts were made with Park Commissioners Grabowski and Blackstad and they were informed of the allegations made to my office. Both Commissioners indicated they had been present at the facility on that evening and they confirmed their interactions with the individual in question, though not in the manner described by the complainants. 2) Both Commissioners were advised that due to the serious nature of the allegations received, an internal review would be conducted by my office and that the findings of this review would be presented to the City Council. 3) Both Commissioners were advised that my office had consulted with the Sheriff's Office and the City Attorney's office and that as a result their access to the Sunshine Park facility would be restricted until an administrative review was conducted. Both Commissioners indicated they would voluntarily restrict themselves from the facility until they heard back from me. 4) Commissioner Grabowski was requested to turn in any keys he had to the facility as his name was listed as a key holder to the facility. He returned one set of keys on the evening of April 23, 2002 and indicated that the remaining one set would be returned, at which time he would receive his key deposit refund by the City Clerk's Office. 5) Both Park Commissioners were advised that they had the right to submit written statements concerning their involvement in the alleged incident. 6) Complainants were notified of my actions in response to the alleged incident and that my office was requesting written statements concerning the events of that evening. '\ Sunshine Park Facility - Public Use Complaints April 30, 2002 Page 5 of9 Administrative Findings According to several accounts received by my office, the following events are known to have transpired on or within City property. 1) That in the late afternoon/early evening hours of April 22, 2002 a dispute arose between representatives of the Andover Baseball Association (ABA) and the Andover Athletic Association (AAA) softball program regarding the use of the second floor of the Sunshine Park building. According to corroborating accounts by representatives of both associations, the use of the second floor of the Sunshine Park building that evening was apparendy in conflict due to the combined affiliated activities of the AAA and the ABA. Representatives of the AAA softball program were using the second floor space to take individual player pictures of a number of softball teams, while representatives of the ABA were using the same space to distribute team uniforms to players that were being held in storage at the facility. Admittedly, occupancy levels in the facility exceeded authorized occupant loads of no more than 10 individuals and essentially, two different activities were being held in a limited crowded interior space. Additional tension between the two groups also occurred when the AAA softball representatives moved boxes of uniforms that had been laid out the previous evening by the ABA into comers of the room adding additional confusion and tension. According to accounts by both the AAA and ABA, these issues were effectively resolved to allow both activities to continue. Apparendy, ABA representatives were previously unaware of the picture taking activiries by the AAA that same evening. It was indicated that the use of the second floor by the AAA for softball pictures is typically performed outside unless inclement weather occurs. Ostensibly, the decision to use the second floor by the AAA softball program was prompted due to the immediate nature of the weather conditions and it was likely decided to use the second floor of the Sunshine Park facility that same evening. 2) In response to the perceived confusion regarding the use of the second floor, a confrontation/ conversation between Mr. Larry Emmerich of the ABA and Mr. Mike Connoly of the AAA occurred regarding how public access was gained to the second floor of the facility by Mr. Connoly. Two accounts have been received regarding the nature of this interaction between Mr. Emmerich and Mr. Connoly. - Mr. Emmerich indicated that he did question Mr. Connoly regarding his use of the second floor for picture taking and indicated that he told Mr. Connoly that his use was not authorized and in violation of City policies. Further, Mr. Emmerich indicated that he did ask Mr. Connoly about the keys he possessed to the facility and asked if he could see the keys. Mr. Emmerich indicated that Mr. Connoly voluntarily allowed him to see his keys, he returned them without incident, and that the entire nature of their interaction while pointed, remained civil. - Mr. Connoly has claimed that Mr. Emmerich grabbed the keys out of his possession and that Mr. Emmerich became visually agitated over the entire situation. A copy of the written interview with Mr. Connoly is attached. / Sunshine Park Facility - Public Use Complaints April 30, 2002 Page 6 of9 - Mr. Jerry Houser, the photographer was also interviewed and his account of what he witnessed that evening is also attached though not to observing the interaction related to the keys. - Council should be aware that Mr. Connoly signed out the keys to the lower level only of the Sunshine Park facility through normal City Hall procedures, but that the keys in his possession that evening did not allow him to access the second floor. Mr. Connoly gained access to the second floor through pennission by Superintendent Frank Stone, who indicated that pennission was granted to Mr. Connoly on Mr. Stone's understanding that Mr. Connoly needed to retrieve certain items from the second floor, and not that the AM intended to take pictures on the second level. It is unclear whether Mr. Stone understood the use of the second floor was for the pwpose of taking individual team pictures at the time pennission was granted. 3) Conversations with both Mr. Emmerich, President of the ABA and Mr. Berard, President of the AM, indicate the following. - Both individuals verified that the issues associated with the use of the second floor were effectively resolved before Mr. Grabowski and Mr. Blackstad arrived at the Sunshine Park facility. - Both individuals indicated that the nature of the conversation that had with one another was handled in a very civil tone and that the future use of the building for picture taking was effectively resolved. " - Furthermore, Mr. Berard indicated that during the course of discussing this situation / with Mr. Emmerich, Commissioners Grabowski and Blackstad arrived at the facility and he led both Park Commissioners downstairs and explained the fact that the issues with the ABA had been resolved. - Mr. Berard went on to say that he told both Park Commissioners that Mr. Emmerich had mentioned that Park Commissioners do not have any individual authority to enforce the rules and that their roles are to advise the City Council only on the use of park facilities. At that point or shortly thereafter, both Commissioners allegedly went back upstairs to speak with Mr. Emmerich. - Mr. Berard also indicated that he had initially called Commissioner Grabowski prior to speaking with Mr. Emmerich and had asked him to come by Sunshine Park. - In the matter of keyed access to the facility, Mr. Berard also indicated that in the view of the AM he did not think that anyone other than Association Board members or specifically designated AM program managers needed keys to the Sunshine Park building. - Mr. Berard has submitted additional information on the incident in question dated April 29,2002 to Mayor Gamache. It includes interviews he has conducted with some of the AM staff who were present that evening and the nature of his conversation with Mr. Emmerich. 4) In order to provide Council with an understanding of the appropriate use of the second floor at the Sunshine Park building and the limiting factors associated with its' use, my office requested that the City Building Official and the Fire Chief inspect the building. A copy of the Building , \ Official's report is attached for Council review. Sunshine Park Facility - Public Use Complaints April 30, 2002 Page 70f9 Interviews with Park Commissioners Both Park Commissioners indicated that after speaking with Mr. Berard that they went back upstairs to talk with Mr. Emmerich about the situation. Commissioner Blackstad Commissioner Blackstad indicated that Commissioner Grabowski had called him to accompany him to the Sunshine Park facility. He obliged Commissioner Grabowski's request as a matter of courtesy and long history of "mediating" issues between AAA and ABA. During his interview, Commissioner Blackstad indicated that "they, probably made a mistake going back up there". Commissioner Blackstad also acknowledges that while he made the derogatory comments towards the City's authority to control the use of the building, he was attempting to explain to Mr. Emmerich the history of the use of the building as being constructed with volunteer assistance for the benefit of the youth in the community, and that he felt certain City staff did not remember this aspect of how the building was constructed and that the City was unduly trying to control the building's use contrary to how he as a volunteer remembers the original idea and concept of Sunshine Park. Commissioner Blackstad also indicated that he has attempted on many occasions to act as a mediator between the AAA and ABA given his friendship and working relationship with Commissioner Grabowski and that on this evening he was attempting to mediate the issues on building use. Commissioner Blackstad made it clear that he did not go back upstairs as a Park Commissioner, but in a resident capacity. Commissioner Blackstad did acknowledge that most people knew him as a Parks Commissioner and perceptions of facility users could certainly have been that his presence that evening was interpreted as representing the City in that capacity. When asked if he had heard any of the specific details of the conversation between Commissioner Grabowski and Mr. Emmerich, Commissioner Blackstad indicated he did not hear any profanity by Commision Grabowkski, nor did he observe any threatening postures by Commissioner Grabowski as his hands were allegedly in his pockets. Commissioner Blackstad indicated that he did not recall any threatening remarks by Comm. Grabowski and that Commissioner Grabowski was not in his opinion acting in an intimidating fashion. When asked about the derogatory comments he confirms making towards the City, Commissioner Blackstad admitted that his comments probably did not represent the City in a positive light, but that they were taken out of context. Regarding Mr. Emmerich's behavior, Commisioner Blackstad indicated he felt that Mr. Emmerich was agitated, adversarial and provoking. Commissioner Blackstad characterized the interaction between Comm. Grabowski and Mr. Emmerich as one where Mr. Emmerich was leaning into Commissioner Grabowski and questioning him as to why he was even here, that he didn't have any authority as a Park Commissioner and that he was no longer associated with the AAA softball / program. Sunshine Park Facility - Public Use Complaints April 30, 2002 Page 80f9 Commissioner Grabowski Commissioner Grabowski in response to the allegations of using profanity denied making any such comments. In response to allegations of threatening Mr. Emmerich, Commissioner Grabowski felt that Mr. Emmerich was agitated and just looking for a reason to argue with him, at which time Commissioner Grabowski indicated he left the area stating that "Larry you're just not worth it" and walked downstairs. TIlls according to Commissioner Grabowski was the extent of his conversation with Mr. Emmerich and that he made no threats, implied or otherwise, and did not use profanity against anyone that evening. After speaking with Mr. Berard about the situation, Commissioner Grabowski indicated he went back upstairs because it was his belief that the issues on the use of the second floor remained unresolved and that he was not attempting to use his perceived authority as a Park Commissioner. He felt that Mr. Emmerich was attempting to dictate to the AAA the use of the second floor and that his role that evening was to attempt to mediate the situation between the two associations at the request of Mr. Berard. Commissioner Grabowski indicated he felt all these accusations were being made up due to the fact that he has had to make difficult decisions in the past when he was actively involved in the AAA and that he had heard on several occasions that he was not popular with the ABA. He indicated that some decisions he has made in the past admittedly were not always popular with the ABA, but that there are other personal issues he feels are behind these false allegations. Commissioner Grabowski also asked what was going to happen to the individuals who were fabricating these untruths and that he hoped the Council would take action against them in terms of their future use of the building. Commissioner Grabowski indicated that he felt this investigation was biased and that he has spent years trying to make this a better community with respect to the youth of the community. I attempted to explain the reason for the review process currently underway and while he did not agree, he indicated that he would voluntarily comply with the restrictions placed on him during the investigation. Commissioner Grabowski has indicated that he would submit a written statement, but to this date nothing in writing has been received. CONCLUSIONS After a thorough review of the information presented by all the parties involved in this situation and in review of the complaints submitted, the following conclusions are respectfully presented to Council for consideration. 1) Council will need to consider if the allegations presented in this report warrant further review by the Council. The issues under review will be placed on the on the May 7, 2002 Council Meeting to determine if Council wishes to proceed with preliminary consideration of the allegations in closed session. If the Council determines that further consideration is warranted, the Council will need to schedule an Executive Session. Similarly, the subjects of the investigation will need to be formally notified of their right to request an open meeting. Should they choose a public Sunshine Park Facility - Public Use Complaints April 30, 2002 Page 9 of9 meeting, then the closed meeting scheduled by Council would become open to consider the allegations. 2) Secondarily, the Council will need to consider how they wish to respond to the complainant's request for the removal of Commissioners Blackstad and Grabowski from the Park and Recreation Commission due to the allegations presented. 3) Along similar lines, Commissioner Grabowski has stated his view that the allegations are completely false and conspiratorial in nature and is requesting Council action with respect to the complainant's (the names of the complainants have not been released to Commissioner Grabowski at this point) false accusations against him as a member of the Park and Recreation Commission. Administrative Recommendations In order to facilitate a more effective manner for resolving building use issues between the athletic associations and the use of this City facility in the future, Council is respectfully requested to consider the following: 1. A policy framework that would articulate procedures for the two associations to resolve any issues or differences with the assistance of authorized City staff exclusively. I have tentatively discussed a proposed communication framework with both association presidents and they appear willing to consider a different approach. A draft policy outlining how this would be accomplished will be presented in the very near future. 2. A policy defining the advisory roles, responsibilities and limitations of the Park and Recreation Commission as it pertains to public park facilities. Issues have been raised regarding the actual responsibilities of the Park and Recreation Commission concerning the assignment of fields to the public and who is actually responsible for the resolution of service issues affecting City parks. The ordinance is moot on this specific Commission responsibility and the Council may wish to discuss this is greater detail. 3. Council is respectfully requested to determine the criteria for granting keys to the Sunshine Park facility to individuals not specifically associated with either association. Cc: Dave Blackstad, Park and Recreation Commissioner AI Grabowski, Park and Recreation Commissioner Bill Hawkins, City Attorney Captain Dave King, Anoka County Sheriff's Office Complainants Attachments