FIFTH OPENING – The Sitka seine boats Hukilau and Rose Lee pump herring aboard this afternoon at the end of Deep Inlet during the fifth opening in the Sitka Sound sac roe herring fishery. The opening was being held in two locations beginning at 11 a.m. (Sentinel Photo by James Poulson)
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Sitka police received the following calls by 8 a.m. today:
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At 7:48 a.m. a calle [ ... ]
Vietnam-Era Vets
Invited to Lunch,
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Daily Sitka Sentinel
City Assembly Hears Officers’ Complaints
By KLAS STOLPE
Sentinel Staff Writer
Two Sitka police officers, a couple who have filed separate lawsuits against the Sitka Police Department and the City of Sitka, took their cases to the Assembly Tuesday night, speaking under Persons to be Heard at the end of the regular meeting agenda.
But while the usual Assembly procedure is not to respond to speakers during Persons to Be Heard, the elected officials immediately weighed in with their comments and suggestions, and finally were cautioned by City Attorney Brian Hanson.
“I have sent you all a copy of my lawsuit,” said Mary Ferguson, who spoke first. “And I am here today to ask you to read it and discuss it. I feel it necessary for you, as my elected officials, to obtain, read, and discuss my complaint ...”
She and the other officer who has filed suit, Ryan Silva, said they felt nervous about returning to work since being placed on paid administrative leave.
Ferguson asked the Assembly to view the full report from Kimberly Geariety, the city’s investigator who looked into her complaint.
“This summarization fails to mention anything about my corroborating witnesses, other victims of sexual harassment and the retaliatory nature of the Sitka Police Department which I am fairly certain will be in that report,” Ferguson said. “It also says, it is more likely than not that I was sexually harassed and that the gender discriminatory comments that were made to me were business related.”
In his turn to speak, Silva, who stated he is also a criminal investigator in the U.S. Coast Guard Reserve, said, “This lawsuit includes being retaliated against for my participation as a reservist. And whistle-blowing.”
Silva accused a member of the police department of preventing military members being allowed to work or deploy while employed at the SPD.
“A sergeant had told me that SPD should not hire reservists and should screen them out during the hiring process,” Ferguson said. “When I explained to him that was an illegal practice he just said ‘well, we shouldn’t tell anybody.’ This sergeant told me you are either in the military or not and there is no room in the Sitka Police Department for reservists.”
Assembly member Richard Wein asked if he could make a motion.
“Knowledge is power and I would like to make a motion that the Geariety report be made available to the Assembly for knowledge and consideration,” he said.
Valorie Nelson said she had been denied the report.
Kevin Mosher said he, too, wanted to know more.
Assembly member Aaron Bean said he feared for the safety of Ferguson and Silva.
“I am concerned that the municipality is asking these officers to get back and given the circumstances, back into the environment,” he said. “That is concerning to me. Not necessarily retaliation and conduct among officials but just an officer’s safety thing.”
Hanson said it was not up to the attorney or administrator to release documents, but the body could vote to waive privileges.
“That’s fine, we have no problem with that,” Hanson said. “I do have a problem with procedures going on here ... you can only make motions on things that are publicly noticed. This particular topic has not been publicly noticed. It is some citizens who have the right to come and tell us whatever they wanted to tell us in Persons to be Heard. It is not an issue that was noticed and therefore we shouldn’t have motions. The ramifications of that is if you pass a motion under these circumstances it could be overturned.”
Hanson noted that even executive session topics have to be publicly noticed.
Valorie Nelson said legal counsel knows the Assembly wants to read the report and said the Assembly would make it an agenda item for the next meeting if requests for the report were rejected.
“The body does not have authority to act upon personnel matters,” Hanson responded.
Wein said he would take the request to another level.
“Why do I have to even make a motion to even see this report as an Assembly member?” he said. “Shouldn’t this information be readily available to us as a matter of course?”
Hanson said these were personnel matters that he did not have the authority to discuss in an open meeting.
However, he said, the Assembly members could “go into my office and I will let you look at it.”
In the regular business of the Tuesday night meeting the Assembly heard an update from city assessor Wendy Lawrence on the audit of senior citizen property tax exemptions.
State law requires communities to perform an audit every four years.
Due to complications in the conversion to a Computer Assisted Mass Appraisal System the city missed an audit last year and is close to receiving a written letter of reprimand from the state, Lawrence said.
She said she has begun a spot audit to get the required reapplication information from 69 households by December 1, to fulfill the state’s deadline of January 1.
Lawrence said she sent out letters, hung door hangers, and would knock on doors over a period of a year to assure that residents claiming the exemption were living at home.
Nelson made a motion to have the audit extended into the new year so seniors out of town could have time to respond.
State Assessor Marty McGhee, who spoke by teleconference, said that this would result in a letter of “major error” from the state.
Lawrence said she had 75 percent of the households audited and should be finished in early December. The Assembly voted 5-1 against Nelson’s motion to extend the audit period.
Acting on another issue, the Assembly voted in favor unanimously on first reading an ordinance to re-implement the Senior Sales Tax exemption program as it was prior to its repeal this year. The repeal was overturned by the voters in the October city election, and the tax break went into effect again, but without the re-issue of exemption cards for those who are eligible.
In the interim the city has been asking businesses to be more diligent in seeking customers’ ID’s showing proof of their age and that of their spouse.
Other Business
On other agenda items, the Assembly:
– approved imposing a permit system for businesses to do work throughout the harbor system, and moved to eliminate the $500 fee for using the drive-down ramp at Eliason Harbor. The ordinance passed 5-1 and will be up for second reading.
– issued a proclamation calling upon the citizens of Sitka to observe the Veterans Day Nov. 11 and “commend, honor and recognize the valor and sacrifices of our veterans for defending and protecting our country, our freedom, and our way of life.”
– issued a proclamation recognizing November as Native American Heritage Month and calling upon Sitkans to commemorate this month with appropriate programs, activities, and celebrations.
– presented a service award to Lorraine Lil for over one year of service in the public interest on the Police and Fire Commission.
– heard special report by CBS utility director Bryan Bertacchi
– approved a liquor license renewal application for Ernie’s Bar at 130 Lincoln Street.
– reappointed Gayle Hammons to a three-year term on the Local Emergency Planning Commission. Appointed Neil Akana to a three-year term on the Police and Fire Commission, and David Birky and Joseph Younack to three-year terms on the Local Emergency Planning Commission.
– learned that the City’s first joint negotiation with SEARHC on the sale of Sitka Community Hospital will take place on Dec. 6.
The Assembly next meets on Saturday, Nov. 17, for a Visioning Session and Tuesday, Nov. 27, regular meeting. They also rescheduled their Dec. 25 meeting to Dec. 20.
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20 YEARS AGO
March 2004
Matthew C. Hunter of Sitka recently returned from Cuba as part of a St. Olaf College International and Off-Campus Studies program. Hunter, a junior physics major at St. Olaf College, is the son of Robert and Kim Hunter of Sitka.
50 YEARS AGO
March 1974
Eighth graders have returned from a visit to Juneau to see the Legislature. They had worked for it since Christmas vacation ... Clarice Johnson’s idea of a “White Elephant” sales was chosen as the best money-maker; Joe Roth won the political cartoon assignment; highest government test scorers were Ken Armstrong, Joanna Hearn, Linda Montgomery, Lisa Henry, Calvin Taylor and David Licari .....