Ms. Longrie addresses Copeland document

Making a council presentation at the January 28, 2008 city council meeting, Ms. Longrie made a self described attempt to clarify the issues concerning the document purporting to be a Copeland employment contract.

Review

On January 11, 2008 Finance Manager Bob Mittet used a document purporting to be an employment contract between the City and city manager Greg Copeland (medium pdf) as justification for a payroll request covering backpay to Mr. Copeland from November 14, 2006 through the end of the most recent pay period (January 4, 2008), a net amount of $4899.50. The resulting check was produced on January 14, 2008.

The document was signed only by Mr. Copeland and Ms. Longrie, as was the check, and was not witnessed or sealed. It was only dated by text reference to Mr. Hjelle's motion in the early morning hours of November 14, 2006 making Mr. Copeland the permanent city manager.

At the January 14, 2008 council meeting, councilperson Nephew asked those in attendance if a contract with Copeland existed. At that time at least Copeland, Longrie, and Mittet knew of the document. None of them acknowledged its existence to Mr. Nephew. At the January 17th continuation of that meeting, Mr. Hjelle stated he had known of its existence for over a year (previously documented). A unanimous (4/0, Longrie absent) resolution was passed directing Police Chief Thomalla to turn the situation over to an outside law enforcement agency for further investigation. Between the two meetings, Maplewood Voices asked councilpersons Juenemann and Rossbach whether they knew of the document. Both confirmed they had only become aware of it during that week.

The document includes a variety of compensation clauses, the only one of which that has been acted on is the pay raise from $78,000 to $85,000, which is the only one that is included in the November 2006 motion voted on by the council. It is this pay raise which resulted in the aforementioned backpay. The motion is included in the document by reference.

The document also includes a 'non-disparagement clause', which would grant a terminated Mr. Copeland a lump sum payment of $100,000 if any Maplewood elected official criticized him, his performance, or the contract itself. This clause could be triggered by Ms. Longrie or Mr. Hjelle if they chose to criticize Copeland or the contract. By way of example, we note that Mr. Hjelle has already been quoted in a Pioneer Press article making such a criticism:

There was never any discussion of a nondisparagement clause for Copeland, and it was never approved by the City Council, said Erik Hjelle, the council member who made the Nov. 13, 2006, motion to hire Copeland.

Somehow, though, it made its way into Copeland's contract, which was signed by the mayor on behalf of the city.

But because the council did not originally intend it to be one of Copeland's "benefits," the clause is invalid, Hjelle suggests. Debating the clause is "a moot point," he adds.

As of today, Mr. Copeland is on paid administrative leave, has been informed of the intention of the city council to terminate him, and has requested the statutorily granted hearing.


One relevant statute

As to the validity of the purported contract, Minnesota Statute 412 (Statutory Cities) provides:

412.201 EXECUTION OF INSTRUMENTS.
Every contract, conveyance, license, or other written instrument shall be executed on behalf of the city by the mayor and clerk, with the corporate seal affixed, and only pursuant to authority from the council. [emphasis added]

Ms. Longrie's remarks

In her remarks, Ms. Longrie makes these arguments:

• Who signed the document has been questioned. She argues that she and Mr. Copeland have signed lots of contracts without the city clerk's signature or the city seal (in possible violation of 412.201). She exhibited a stack of what she said were examples.
• When the document was signed has been questioned. She argues that documents are often signed at a much later time than the passage of the authorizing council resolutions.
• The council's awareness has been questioned. She argues that the council doesn't have copies of many city contracts.

Here is the audio of her remarks.


Secondary Issues

Ms. Longrie's remarks did little to clarify the issues concerning the document. Here are some:

• Maplewood Voices has submitted a data practices request for the stack of documents Ms. Longrie presented as evidence. Once available, we will be able to determine how many of the contracts she presented are between the City and the City Manager. Any other contracts are not pertinent, although they are examples of possible violations of 412.201.
• How many of Ms. Longrie's stack of contracts obligate councilmembers to avoid specific behaviors without their knowledge?
  
• Is Mr. Copeland's signing as the city manager or the employee subject to the contract?
• When was the document written?
• Why has only the pay raise clause been acted upon?

Primary Issue

Where is the council resolution(s) authorizing each clause in the contract, as required by 412.201?

From the minutes (small pdf), here is the full text of the November 13/14, 2006 resolution. So far as we know it is the only relevant resolution voted upon by the council:

4. Selection of Firm to Coordinate the City Manager Hiring Process
a. Interim City Manager Copeland presented the report.
Councilmember Hjelle moved under Section 2-101 of the Maplewood City Code, appoint and hire Mr. Copland as the permanent Maplewood City Manager, with 1 year probation, starting tomorrow, at a yearly salary of $85,000 including benefits currently given. The council will give Mr. Copeland a mid-year job performance review no later than June 1, 2007. A salary review will occur after successful completion of an additional job performance review no later than October 31, 2007. After satisfactory completion of his probationary period, Mr. Copeland will be entitled to receive 6 months pay and benefits if terminated by the council for any reason other than cause. Mr. Copeland’s powers and duties shall be set forth in Section 2-102 of the Maplewood Code.
Seconded by Councilmember Cave Ayes-Mayor Longrie,
Councilmembers Cave, and Hjelle
Nays-Councilmember Juenemann