Grants Pass City Council Recall

Click on a councilor's name to filter the time-line specific to that councilor.

• Show All
• Kangas
• Berger
• Pell
• Townes
• Warren

• October 21, 2008

  • Richard Michelon sends email to City Manager David Frasher calling him a "lightweight in the capacity of city manager" and states "you better hope that I'm not elected on council."

• December 17, 2008

  • Councilor Berger absent for last meeting of year, making her attendance record for regular & special meetings 2008: Absent- 25%, Left Early- 32%, Missed Votes- 273.

• January 7, 2009

  • First City Council Meeting of 2009. Councilor Berger leaves meeting early.
  • Councilor Pell presses to violate contracts with several employees but is convinced by attorney to not pursue. Also questions employees' integrity regarding offer to defer pay increase. Both of these directly result in employee unionizing two months later.

• January 12, 2009

  • City Attorney Woodburn resigns.

• January 20, 2009

  • Councilor Berger arrives late for special meeting.

• January 21, 2009

  • Councilor Berger leaves meeting early.

• January 23, 2009

  • Councilor Warren accuses City Manager of violating charter in email to newspaper without first allowing Manager to respond. Later, special attorney says he does not see any violation by Manager.

• January 29, 2009

  • Councilor Berger arrives late for special meeting.
  • Council Meeting called to address charge by Councilor Warren that City Manager Frasher violated the City Charter. The Council postpones consideration until Feb. 18.

• February 1, 2009

  • City Attorney Sniffen's first day.

• February 11, 2009

  • Councilor Townes says of the Public Safety Levy, "it's not going to pass," and votes against putting the levy on the ballot for voters. Berger says she is, "unenthusiastic about supporting it." Councilor Kangas says of Townes, "I know he is not going to run around saying don't vote for it or something like that." (Townes later appears on KAJO talk show and says not to vote for levy).

• February 18, 2009

  • Councilor Berger leaves meeting early. Council again postpones action on charges against City Manager Frasher.

• March 4, 2009

  • Councilor Berger absent for regular Council meeting.

• March 7, 2009

  • Councilor Michelon suggests the Council ignore State public noticing requirements for Council workshop discussions because "the consequences for breaking that law are not significant."

• March 18, 2009

  • Councilor Berger absent.
  • Announcement is read in Council Meeting from the Mayor and Council that alleged Charter violation charges against City Manager have been resolved and dropped.
  • Councilors Kangas, Michelon, Pell & Warren vote to remove Mayor's ability to suggest appointments to committees, changing a practice of over 20-years.
  • Councilor Warren tells City Manager to silence the City employee who wrote a critical letter to newspaper.

• March 31, 2009

  • City Attorney Sniffen resigns.

• April 1, 2009

  • City Attorney Nolte's first day.
  • Councilor Berger leaves regular meeting early.
  • Councilors Warren and Pell insult Cycle Oregon, but ultimately reverse opinion after overwhelming response from Chamber of Commerce and business community.
  • Councilors Warren, Townes & Kangas follow City employee out of meeting after she criticizes their expenditure of funds for a special Council office. She feels harassed and tells them she will not talk with them.

• April 2, 2009

  • Beery, Elsner & Hammond bill City $133 at $190/hour for “T/c from P. Nolte re 4/8 Council meeting; t/c from Councilor Warren re City Attorney, charter issues”

• April 9, 2009

  • Beery, Elsner & Hammond bill City $38 at $190/hour for “T/c from Councilor Warren re new charter process”

• April 15, 2009

  • Councilor Berger leaves regular meeting early.
  • Against strong opposition from Public Safety, Councilor Warren presses to leave a dangerous structure (abandoned Woodson Reservoir) in place for a year, even though a private property owner would not be allowed to do so. Says he prefers to have vandals in this secluded area than other areas.

• April 23, 2009

  • City Attorney Nolte resigns. Letter from Nolte to City Manager says, "I was disappointed to learn of the depth of the disconnect between the change of course desired by some council members and the treatment of staff. Unwarranted criticism of staff and the unnecessary diminishment of their abilities. Such great tension caused by aggressive movement to effect change coupled with a penchant to place blame and focus on perceived past mistakes. This is simply not an environment in which I wish to practice. I do not believe it is conducive or constructive to good governance."

• April 30, 2009

  • Beery, Elsner & Hammond bill City $57 at $190/hour for “T/c from Councilor Warren personnel matters and conference call schedule”

• May 1, 2009

  • City Attorney McGeary's first day.

• May 4, 2009

  • Beery, Elsner & Hammond bill City $190 for "Review of City Manager contract; t/c from Councilors R. Pell and M. Townes re contract, special City Council meeting, termination issues."

• May 5, 2009

  • Beery, Elsner & Hammond bill City $57 at $190/hour for "Respond to questions from Councilor M. Townes re veto authority of Mayor."

• May 6, 2009

  • Councilor Berger leaves regular meeting early.
  • Councilors Pell and Townes vote to proceed with a public hearing when it was clearly contrary to City law.
  • Following Council Meeting, Councilors Kangas and Townes ask City Manager Frasher to resign, with a decision due by morning, because he did not silence City employee and
  • Beery, Elsner & Hammond bill City $57 at $190/hour for "T/c from Councilors R. Pell and M. Townes re special meeting requirements to consider City Manager employment."

• May 18, 2009

  • From February - May, Michelon requests over 120 hours of staff time to re-review Population Element although it has already been reviewed publicly and adopted by citizen Urban Growth Boundary Advisory Committee, Urban Area Planning Commission, previous City Council, County Commissioners and State of Oregon. Council tables discussion, doing nothing with provided information

• May 19, 2009

  • Beery, Elsner & Hammond bill City $95 at $190/hour for "T/c from Councilor M. Townes re Council/Manager issues, meetings"

• May 20, 2009

  • During Council meeting, Councilor Kangas lies to the public saying, "nothing was said in there about firing David Frasher."
  • Beery, Elsner & Hammond bill City $152 at $190/hour for "T/c from Councilor M. Townes; t/c from Councilors W. Warren, R. Pell and M. Townes re Council authority, charter and meeting issues."

• May 21, 2009

  • Beery, Elsner & Hammond bill City $95 at $190/hour for "T/c from D. McGeary, City Attorney, re Council actions, advice role."

• May 27, 2009

  • Beery, Elsner & Hammond bill City $57 at $190/hour for "T/c from Councilors W. Warren & R. Pell re Council meetings, actions."

• May 28, 2009

  • Against Finance Director's cautions that issue may be potentially illegal, Councilors Michelon & Townes vote to take action during Budget Committee meeting. Michelon says, "We are all talking about one and maybe it is laughable that we are voting on something illegal and that was cute, and if it is, if it turns out to be, we don't know, so what."
  • Beery, Elsner & Hammond bill City $38 at $190/hour for "T/c from Councilor W. Warren re 6/3 Council meeting."

• May 29, 2009

  • Beery, Elsner & Hammond bill City $33 for "330 photocopies."

• June 1, 2009

  • City Finance Director writes letter to Beery, Elsner & Hammond regarding invoice for $774 of Thomas Sponsler’s time. City Staff refuses to pay bill with taxpayer money for unauthorized communications between individual Councilors and the Portland law firm.
  • Beery, Elsner & Hammond bill City $133 at $190/hour for “T/c from R.Pell and M. Townes and City Attorney D. McGeary re Council meeting issues, Council and Mayor authority under charter and manager employment contract; form of possible Council action”

• June 2, 2009

  • Beery, Elsner & Hammond bill City $76 at $190/hour for “T/c from M. Townes re Council meeting, action by resolution or order; 2nd call from Councilor M. Townes re executive session”

• June 3, 2009

  • Beery, Elsner & Hammond bill City $76 at $190/hour for “T/c from M. Townes re City Manager issues and 06/03 Council meeting re same.” Beery, Elsner & Hammond bill City $132 at $165/hour for “T/c w/R. Pell and B. Kangas re 6/3 City Council meeting on City Manager performance and letter from P. Kelly; confer w/ TS [Thomas Sponsler] re same.”
  • City Council plans to meet in closed executive session to determine fate of City Manager Frasher. Mr. Frasher informs Council that he has a right (under Oregon Law) to a public hearing prior to Council vote against him.

• June 4, 2009

  • Beery, Elsner & Hammond bill City $418 at $190/hour for “T/c from Councilor R. Pell; t/c from reporter, no charge; t/c from Councilor W. Warren re Council meetings, notice, statements, Council authority and special counsel; t/c from Councilor M. Townes re Council meetings, meeting notice, working with City Attorney, meeting location and special counsel.”
  • Letter from Beery, Elsner & Hammond (Thomas Sponsler) to Mark Townes, "confirms that Beery, Elsner & Hammond, LLP has been engaged by the City of Grants Pass ("City") to act as special legal counsel. Specifically, we will act as special counsel to the City Council for legal consultation and advice..."

• June 5, 2009

  • Beery, Elsner & Hammond bill City $187.50 at $125/hour for “T/c from L. Vanderoef re request for document formalizing contract w/ TS; t/c to L. Vanderoef re TS’s response to same; t/c from W. Warren re location of City Council meeting on 6-10-09; t/c to TS and then to W. Warren re advice on same; review facsimile from R. Pell, including email exchange w/ The Daily Courier, Council Memo 133 and attachments for TS; t/c from and to R. Pell re fax; forward all material to TS”

• June 8, 2009

  • Beery, Elsner & Hammond bill City $342 at $190/hour for “Review manager agreement, termination; charter term; email from Councilor Warren, t/c from Councilors Warren, Pell and Townes re Council meetings and options; t/c from Councilor Warren re 6/8 Council meeting, special counsel; t/c from Councilor Pell re 6/10 meeting; t/c from Councilor Townes; t/c from D. McGeary, City Attorney re 6/10 meeting.”
  • Special meeting scheduled for "2.a. Resolution authorizing the City Manager to enter into an agreement with Beery, Elsner & Hammond for legal services." Council attempts to illegally "retroactively" hire Beery, Elsner & Hammond to cover incurred costs to date.
  • Councilor Warren attempts to move meeting regarding termination of City Manager from Performing Arts Center to Council Chambers, disregarding recommendation of Public Safety Director. Warren suggests the public's ability to be included in the meeting be limited by not allowing them in the building.

• June 9, 2009

  • Beery, Elsner & Hammond bill City $437 at $190/hour for “Review emails from Councilor Warren re 6/10 special meeting; t/c from Councilor Warren re postponement of 6/10 meeting to 6/17; 6/15 worksession agenda; review copies of six Council memos requesting postponement; staff confirmation; review advice memo D. McGeary; t/c to D. McGeary re memo, postponement, agenda items for 6/15 and 6/17; CCIS contact; email from Councilor Warren re Council meetings”

• June 10, 2009

  • Beery, Elsner & Hammond bill City $646 at $190/hour for “T/c from Councilor Warren re 6/15 meeting; review Manager and Councilor memos & email; review charter and employment agreement; prepare list of legal issues; send draft to D. McGeary; t/c to CCIS re possible Councilor or City liability, defense, review defamation case, absolute immunity.” Another bill for $62.50 at $125/hour for “Meet with TS re status of discussion w/ City Councilors; email from TS w/ list of legal issues relating to City Manager position attached; review same for TS; email to TS w/ revised draft attached.”
  • Scheduled public hearing at Grants Pass High School Performing Arts Center was cancelled after 6 Councilors (Kangas, Berger, Pell, Michelon, Townes, and Warren) indicate they will not attend.

• June 11, 2009

  • Beery, Elsner & Hammond bill City $627 at $190/hour for “Review City charter and Manager employment agreement and prepare memo to Council in advance of 6/15 and 6/17 meetings; email from Councilor Warren re 24 hour notice for special meeting; t/c from Council President, B. Kangas re meetings with Manager and meeting issues; direction to SG re same.” Another bill from SG for $425 at $125/hour for “Meet with TS for direction re preparation of memo to Mayor and City Council, begin newspaper article research and case law research; forward relevant articles from “The Daily Courier” to TS; prepare rough draft of memo re legal issues relating to City Manager position for TS; email to TS w/ various case law attached; review proposed final memo for TS; email to TS w/ same attached.”
  • Mayor vetoes Council Resolution re: hiring Beery, Elsner & Hammond, stating among other reasons, "The costs are uncontrolled."

• June 15, 2009

  • Against advice of City Attorney, Councilors Berger, Kangas, Michelon, Pell & Warren vote to hire Thomas Sponsler of Portland. Motion is called illegal and a violation of Oregon Public Meeting Law by City Attorney since it was not on the agenda.
  • Councilors Berger and Warren again push to hold meeting regarding Manager's termination in Council Chambers. City Attorney says absolutely not. Councilor Townes makes motion to hold meeting at Rogue Theater, a building partially owned by a man suing the City and the City Manager individually for $550,000. Councilors Berger, Kangas, Michelon, Pell & Warren vote to limit public testimony and to take equal number of speakers from each side of issue instead of proportionate ratio.

• June 17, 2009

  • Councilor Berger absent for regular Council meeting.
  • Council overturns Mayor's veto to finally negotiate a contract with Beery Elsner & Hammond. All previous billable time to Beery Elsner & Hammond was illegal expenditure of public money.

• June 18, 2009

  • Beery, Elsner & Hammond bill City a total of $764.50 for 4.4 hours of work by Thomas Sponsler and others.
  • Council holds 10th special meeting of year. Number of special meetings by this time in 2008 = 1. Despite Council's attempt to limit testimony, only 12 citizens of nearly 400, speak in favor of proposed termination. Councilor Berger motions via a statement prepared by Thomas Sponsler of Beery Elsner & Hammond to terminate the City Manager's contract effective immediately. City Attorney advises her to revise her motion to July 1, 2009 (start of next fiscal year) because there is no money in this year's budget for Manager's severance pay, approximately $200,000. Berger offers to use City's "contingency fund" rather than wait until July 1. At strong urging of City Attorney, Berger revises motion to July 1. Berger, Kangas, Pell, Townes & Warren vote in favor. Councilors Cummings and Renfro vote no. Michelon was absent.

• June 19, 2009

  • Contract limiting scope of work and appropriate fees with Beery Elsner & Hammond, still not ratified by Council.

• June 22, 2009

  • Beery, Elsner & Hammond bill City $38 at $190/hour.

• June 23, 2009

  • Beery, Elsner & Hammond bill City $190 at $190/hour for “Email with D. McGeary re engagement for Council advice; t/c from Councilor Warren re special counsel relationship, email him copy of engagement letter email; t/c from Councilor Warren re public records request and 6/29 Council meeting”

• June 29, 2009

  • Beery, Elsner & Hammond bill City $152 at $190/hour for “T/c from Councilor Warren re charter issues relating to manager pro tem and requirements to appoint new manager; call from Councilor Warren re special meeting, 5-3 vote, possible next steps; t/c from Councilor Townes re public records issues, special Counsel contract; review email from City Attorney D. McGeary.”
  • Councilor Warren complains bitterly about having to produce e-mails as required by the Public Records laws and advised by City Attorney. (It took 50-days to produce copies e-mails.) Councilor Warren refuses to include many of the requested e-mails.

• June 30, 2009

  • Beery, Elsner & Hammond bill City $152 at $190/hour for “T/c’s from D. McGeary re representation contract, 7/1 Council meeting; email from Councilor Warren re contract status; review Councilor Townes 7/1 agenda email; respond to Councilor Warren email re Council action to uphold Motion to Terminate City Manager”

• July 7, 2009

  • Pamela Beery of Beery, Elsner & Hammond responds to City Finance Director’s letter, agreeing to waive $744 as a “one-time courtesy.” Contract between Council and Thomas Sponsler still not signed.

• July 9, 2009

  • Councilors pass an Order to support the Council’s use of a motion to fire the City Manager after the Council could not override the veto of the resolution firing the Manager. Some research has found no other city that has used an “order.”

• July 15, 2009

  • Councilors Berger, Kangas, Pell, Townes & Warren vote to award another $10,000 of taxpayers money to Portland attorney, Thomas Sponsler of Beery, Elsner & Hammond. Tom Sponsler has still NOT signed any contract with the City of Grants Pass related to providing services to the Council.

• July 23, 2009

  • Councilor Warren again presses to reduce the amount of information required in public notice.

• July 29, 2009

  • Councilors hold 16th Special Meeting of the year exceeding the 14 regular meetings. Meeting begins with executive session at noon. Interested citizens wait in 100+ degree heat for 1 hour and 45 minutes for executive session to end and public meeting to begin.
  • Council votes to insert an article in the citywide newsletter that was written by Councilor Pell. Election division staff suggests the article be held until after the pending recall election to avoid any potentially illegal campaigning with taxpayer dollars. Pell abstained from voting but other Councilors vote to place the article in the newsletter and vote to not include Councilor Pell’s name so readers will believe the article is from the entire Council, despite the objections of Councilors Cummings and Renfro.

• August 5, 2009

  • Councilors appoint a committee to make recommendations about future park land and refused to consider advertising to find the best people for the committee. Ignoring citizen participation and lacking all transparency, people appointed were chosen from private lists.
  • Councilor Warren states that he “knows” that city attorneys who left the job already this year left because of ethical issues with Manager. However, Mr. Woodburn resigned weeks before the alleged action that supposedly caused him to resign. Mr. Nolte cited a great working relationship with the City Manager and staff.