MASON CITY – Fourth Ward City Council Candidate Matt Marquardt today questioned City code which forbids the City Council from interfering with the jobs and duties of City employees but neglects to mention the office of mayor.
In an email to City Administrator Brent Trout requesting clarification on the code (1-8C-4: COUNCIL NOT TO INTERFERE WITH APPOINTMENTS OR REMOVALS), Marquardt questioned if the office of mayor in Mason City has the ability or is allowed to meddle in the duties and daily tasks of City employees since the mayor is not directly forbidden from doing so in City code. While City code does not allow the mayor the direct ability to “give orders to” City employees, there is also no provision that directly forbids the mayor from doing so. City code gives the City Administrator supervisory powers over City employees and department heads as well as the police and fire departments.
According to City code in Mason City, the office of mayor is generally allowed to make appointments to 16 boards and commissions, while the City Council exercises general authority over the Civil Service Commission and the Planning and Zoning Commission and may remove board members of most of the 16 boards with a two-thirds vote (4-2 minimum). City code does not seem to articulate who “supervises” or watches the conduct of the board members.
In one exception, the mayor is allowed to remove from office a Human Rights Commissioner for cause. The council is not mentioned as having this ability for that board.
“I really question why City code does not explicitly forbid the mayor, along with the City Council, from interfering with the daily tasks of our City employees,” Mr. Marquardt stated Sunday. “Our current Mayor Eric Bookmeyer is notorious for bothering and in some cases making threats to City employees at City Hall. This lead to more than one complaint being filed against him when he took office (hostile work environment). As we are on the eve of Labor Day, I think of our City staff and their daily tasks and work environment and I am concerned. I think this code should be modified to include the office of mayor so our City staff can be rest-assured that they have one overall boss, the City Administrator, and not fear the Council and the Mayor.”
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EMAIL ASKING FOR CLARIFICATION OF CITY CODE:
from: Matt Marquardt <northiowatoday@gmail.com>
to: Brent Trout <btrout@masoncity.net>,
Eric Bookmeyer <ebookmeyer@masoncity.net>,
kuhnatlarge@masoncity.net,
tornquistatlarge@masoncity.net,
Council Member John Lee <WardOne@masoncity.net>,
wardthree@masoncity.net,
wardtwo@masoncity.net,
goofygal98@yahoo.com (JANET SOLBERG)
date: Sun, Sep 1, 2013 at 10:57 AM
subject: CITY CODE
Brent can you explain this city code (pasted below) to me, please? Reading it closely, the code seems to forbid the council from meddling in the affairs of city employees and anyone appointed to a board or commission. As this is the city administrator’s job to supervise employees and watch over (most) boards and commissions, I agree with the code. However, I am left wondering 1) if the mayor of the city is then allowed to subjugate or go around the city administrator and directly interfere with city employees and 2) why the mayor of the city is not also included in this code? 3) Unless I am missing something, the council could then amend this code to include the office mayor, am I correct?
Thanks for your perspective.
Matt Marquardt
1-8C-4: COUNCIL NOT TO INTERFERE WITH APPOINTMENTS OR REMOVALS:
Neither the council nor any of its members shall direct or request the appointment of any person to, or removal from, office by the city administrator/city clerk or any of the administrator’s/clerk’s subordinates, or in any manner take part in the appointment or removal of officials and employees in the administrative services of the city. Except for the purpose of inquiry, the city council and its members shall deal with the administrative service solely through the city administrator/city clerk and neither the council nor any member thereof shall give orders to any subordinates of the city administrator/city clerk, either publicly or privately. (Ord. 93-28, 9-7-1993; Ord. 97-29, 11-18-1997)
28 thoughts on “Marquardt questions legality of mayor in meddling with City employees”
Where did the complaints get filed against Bookmeyer???? Does the Omsbudsman have current complaints? If u know, can u outline how a citizen would go about making a complaint to the appropriate department? There are so many offenses, that it would be great to get them all out there in one place….
Do you happen to know what it would take to impeach a Mayor??
Someway, somehow, this guy has got to go…
Matt – I would assume all candidates intend to win.
As a 4th ward voter I’d like to know what you think you can bring to the governing of the City if elected. So far my impression is that you tend to be a lot like Max Weaver in conduct – which did not work very well for him or us in the long run.
I’m sure I will be knocking at your door in the near future, sir. You may question me at that time if you like. And you may certainly vote for Janet Solberg if she is your preferred candidate. In the meantime, I would say to you that I intend to make sure that the Fourth Ward receives the vigorous representation it has lacked for over 3 years. As a small business owner, a property owner, I do have experience and knowledge I have gained over the years. Unlike Janet Solberg, I have nothing to gain by taking office other than representing my fellow citizens. If you have specific questions, you may ask them here or I will gladly come to your door and answer them in person.
” Unlike Janet Solberg, I have nothing to gain by taking office other than representing my fellow citizens.”
While I am sure you would make a fine 4th ward councilman, you may have missed your calling by not running for mayor instead. If for nothing else, your comment above speaks volumes. I wish you the best in the coming election!
Believe me, I have thought hard about this before my announcement and after. The question has come up numerous times. It was a tough call. I felt a calling to the area of town that I grew up in, first and foremost. A council person can do much good; I hope to do my share of that. Thanks for the words of encouragement.
I can’t believe there has been no recodification since 1997. Those folks who do it in Clear Lake seem to push it down every city’s throat. It may be wise to talk to them and see what they would change — if they would tell you that.
I think the code is very clear if you read it. The city administrator works with staff and the department heads who manage the employees duties and activities. The council and mayor work the administrator and clerk and are there bosses. Even though the mayor and council do not direct employees on a daily basis. They do influence the administrator on the direction of the city through the processes in place. That is what they were elected for. No different than on a state or federal level as seen by our governor and president. It is very clear that Mr. Marquardt does not like the current council and especially the mayor. It was even stated by Mr. Marquardt in a previous article that he conceded that the mayor will probably be mayor for another four years. So now he is trying to find ways to limit his powere because he doesn’t like him which is fine and his opinion. Matt the easiest way for you to accomplish this is to get elected and gain four votes to push your agenda. Good luck with that because I don’t see that happening even if for some miraculous reason you get voted in and end up on the council
Yes I called it, Bookmeyer will be mayor again because no one will step up and run. He could be beaten and it would only take a decent person with a little motivation to do it. Outside of his enablers and cronies (like you) no one likes Mr. Bookmeyer. He is living in a fantasy land, the scotch has warped his reality. Even you, a supposed Bookmeyer supporter, is too embarrassed to comment with your real name. What kind of support is that?
As far as your statement about me “trying to find ways to limit his powere (sic) because he doesn’t like him” let me say that as a candidate for council, yes I am reading the code closely as I think any good candidate should. For the record, I will work with Mr. Bookmeyer in a professional way despite our differences. It might not always be pretty, though, and the public can be rest-assured I will work very hard to put this bully in his place and do what is right for the entire city, not just a select few. Mr. Bookmeyer may have many sleepless nights once I am elected, just as he has since I announced my candidacy. I do intend to win.
Carl Grover would make a great mayor! Common sense goes a long way. Run Carl!!!
@John-I agree. Carl Grover would make an excellent mayor.
And who is he going to lose to SOLBERG? Now that’s funny!
The city code in this regard can be changed at any time. I for one would rather see the city council have more control.
I disagree. City employees do not need 7 bosses.
@rukidding-The city council should be involved in macro direction only. We have people on staff that are paid a decent wage to manage the rest of the staff. The worse thing that can happen to any facility it to have to many bosses and be micro managed. Nothing will ever get done then. That is why there is always a chain of command.
At the very least, Bookmeyer has Mr. Trout’s ear. But from what I have seen, the Mayor has control of our city administrator. This is wrong and I have lost respect/trust for Mr. Trout because of it.
The code probably was never changed from when there was a strong mayor instead of the city administrator.
Very good point. I would move for updating this code in January or February of 2014, since this current City Council would likely not put it on an agenda before then.
@Matt Marquardt-Excellent points. Of course they do not want to admit this or bring it before the council as it is the mayor’s power. He would have nothing to threaten people with if the rule was changed.
This code was last updated in 1997. Is that when the strong mayor system was eliminated? (Last adoption dates are found at the end of each code sub chapter)
Bookmeyer is a crook as Obama is running this country they must be related somewhere in their history don’t you think ?
Katie you are right it would have been front page news. More innuendo and drama with no merritt. It seems to me you can make statements without facts or truth. Is this the kind do leader we need to represent our city?
Because the Globe Gazette did not run a “story” in their so-called newspaper, you are saying there could not be a hostile work environment in City Hall? Despite the fact that complaints were filed by City employees against the Mayor?
Anyway, the Globe did “report” on the matter; not sure if it was on their “front page”: http://globegazette.com/news/local/mason-city-government-a-hostile-workplace/article_a0f6986c-4524-11df-86fd-001cc4c03286.html
Furthermore, you have every right to disregard the truth and not vote for me if you live in the Fourth Ward. Try dealing with the truth for once before making ignorant comments, if that is possible for you.
Are you saying that Mayor Bookmeyer had complaints filed against him with the Human Rights Commission for a hostile work environment? wouldn’t that have been front page news?
Katie, as an Eric Bookmeyer fan, I would expect an ignorant comment such as this from you. I described how the Human Rights Commissioners are treated – differently – than those on other boards, that is all. Nowhere did I write that a complaint was brought to them about the mayor, although I would be surprised if Lionel Foster was never brought issues involving him. As I told the other detractor, the Globe DID report on the matter: http://globegazette.com/news/local/mason-city-government-a-hostile-workplace/article_a0f6986c-4524-11df-86fd-001cc4c03286.html
@Matt Marquardt-Don’t you just hate it when people that are not residents or that live in the 4th ward try to influence people’s thinking with their off the wall comments?
“Katie, as an Eric Bookmeyer fan, I would expect an ignorant comment such as this from you”Geez Matt a wee bit snarky even for you and then this”Try dealing with the truth for once before making ignorant comments, if that is possible for you.”
I am a little confused also . You said in your article”This lead to more than one complaint being filed against him when he took office (hostile work environment).” If they didn’t file the complaint with the HRC who did they file it with?
To the best of my knowledge, where or even if a person resides in Mason City is not a requirement to post a comment on this site.
Matt, I don’t vote in MC so I can’t be a Bookmeyer “fan”. All I asked was if there had been a complaint filed with the HRC. I was unaware of the Globe article you quoted, so I did not know that complaints had been lodged against him WITHIN City Hall. I did NOT click on the “hostile work environment” link because I figured it led to information about hostile work environments, not a Globe article.
I wasn’t attacking you, I was asking for more information, which you could have provided without trying to label me or being “snarky”. I am an independent thinker. As you know, I was in favor of keeping the HRC and I told the Mayor so. And nothing in my question had anything to do with the HRC other than wondering if that was where the complaint had been filed.