I know that it’s been awhile since my last post. I’d
apologize but, I’m really not sorry. Needed to take some time away and
decompress and, to be perfectly candid, Nola.com’s ‘Dynamic Duo’ of Adriane
Quinlan and Ben Myers has done a great job writing about Kenner and Jefferson
Parish.
That being said, it’s time to get back to work – not because
they’re doing a bad job (because they aren’t) but I have missed writing. And, apparently,
some of you have missed my commentaries too (unless you’ve just said things to
flatter me and boost my self-esteem, which really doesn’t need boosting…).
In any event, the past few weeks I’ve been intrigued by the
Civil Service hearing regarding the termination of Joey Metzler, a former City
of Kenner employee in the Code Enforcement Department.
We first discussed Joey Metzler in September of 2013. At the
time, many in Kenner were shocked that Mayor Yenni had approved private
investigators following and reporting on the actions of several Code
Enforcement employees, and Metzler in particular.
Some went so far as to claim that the following of Metzler
was purposely intended to intimidate and attack his credibility as Metzler was
alleged to have played a role in exposing money in the Code Enforcement
Department and untruthfulness by another Code employee.
ClickJefferson.com and other news outlets reported the
findings of the private investigators, there was a disciplinary hearing and no
action was taken against Metzler.
Shortly after, there was a complaint lodged against Metzler
for his driving. The City operates a “How’s my driving” telephone tip line. The
complaint, from a school crossing guard, alleged that Metzler was carelessly
driving.
The complaint was investigated and found to be without
merit.
Flash forward to January of 2014 when new Code Enforcement
Director Amy Vallot is hired and a new deputy, Rick Walther, is also in place.
Walther, a former police officer, undertakes another, albeit sloppy,
investigation of the September 26th driving complaint against
Metzler. On Vallot’s first day of employment, rather than spending time getting
to know her new employees, she sits in on a meeting regarding the complaint
against Metzler.
Now, for the record, I personally like Ms. Vallot and she’s
always been kind and professional towards me. Ms. Vallot testified that she
wanted to review the complaint against Metzler with a “fresh set of eyes”, and
that is well within her purview as an incoming Director.
I have no malice towards her but, you have to admit that the
timing is certainly curious and suspect.
During the Civil Service trial, Ms. Vallot testified that
she received no undue influence or pressure from Mayor Yenni to fire Metzler.
In addition, Yenni tried to portray himself as a “hands-off”
Administrator who doesn’t interfere in the mundane day-to-day operations of
City Departments.
When I heard Mayor Yenni say that with a straight face, I
could hardly contain my laughter and this was no mere ‘disciplinary act’ – it was
the termination of a city employee. How could the Mayor not be briefed by a
politically appointed Department Director prior to a termination?
Yenni’s statement was almost as laughable as the statement
by Attorney Alvin Bordelon, who was representing the City in the Metzler Civil
Service hearing, when he claimed that Metzler and Attorney Ron Wilson were
trying to make the hearing into a “political circus”.
Yes, this is the same Alvin Bordelon who, despite the City
of Kenner having several attorneys on staff, continues to reap hundreds of
thousands of dollars for his “representation” of the city.
Why would the City of Kenner spend hundreds of thousands of
dollars with an attorney whose office is in Metairie? I’m sure that it has
absolutely nothing to do with political contributions.
Through the years, Bordelon has contributed thousands of dollars
to Kenner politicians including Aaron Broussard, Louis Congemi, former
Councilmen-At-Large Jeannie Black and Michele Branigan, current
Councilmen-At-Large Keith Conley and Maria DeFranchesch, and, of course, Mike
Yenni.
In fact, Conley and Yenni each received max $2,500 donations
from Bordelon.
Talk about a good investment for Bordelon.
In any event, it is ironic that Bordelon decries the very
same ‘political circus’ that he himself has been a part of, and benefited from,
for years.
But, let’s go back to
the hearing.
During their testimony, both Vallot and Yenni claimed that
honesty and integrity were paramount in Kenner city government. In another
irony, in Metzler’s disciplinary hearing back in September, the city cited
several violations of city policy including “truthfulness”.
Among the violations
of city policy Ms. Shaw cites are the following:
6.1 Personal Conduct
– “Employees shall conduct themselves at all times, both on and off the job, in
a manner which will not cause adverse public criticism of the City
Administration.”
6.2 Moral Conduct –
“Employees shall maintain a level of high moral conduct that is in keeping with
the highest standards of the community, and in accordance with the State and
Federal laws.
6.6 Truthfulness –
“Employees shall be truthful in his conduct towards all people.”
Yet, no disciplinary action was taken against the Code
Enforcement employee who lied on her job application and didn’t divulge a prior
felony conviction and no disciplinary action has yet been taken against
Assistant Code Enforcement Director Rick Walther who lied on an affidavit that
was filed with the Civil Service Hearing Board.
As noted earlier, former City Attorney and now
Councilman-At-Large Keith Conley and Mayor Yenni approved the spending of over
$8,000 for a private investigator to follow Code employees.
Ironically, despite the public knowledge and reporting of
what was contained in the report that Yenni and Conley authorized, in Yenni’s
own sworn testimony, he denied knowledge of what the private investigator’s
report said.
Huh?
You allocate taxpayer dollars for the unusual request of
following city employees and then you have no idea what the outcome was?
Really?
Now, I
will be the first to admit that I doubt that Mayor Yenni reads
ClickJefferson.com (although I would suspect that he has had someone read it to
him on occasion); I know he reads the Times-Picayune and spends thousands of campaign
dollars framing every article that casts him in a positive light.
Nonetheless, Kenner is a small town and everyone who wanted
to know what was in the private investigator’s report knew what was alleged. Of
course, we (the Times-Picayune and myself) also needed to file Public Records
Requests to learn how much money Yenni allotted for the private
investigators. For some reason, Mayor
Yenni wouldn’t divulge that info without one of those Public Records Requests
that he claims are such a burden on his legal department.
Of course, if honesty and integrity truly reigned from
top-to-bottom in Kenner City Government there would be no need to have people
followed and have multiple investigations over a driving complaint.
Yesterday afternoon, the Civil Service Board ruled in favor
of Metzler and ordered his reinstatement
with back pay (less any income that he
has had in the interim). It’s also possible that the City will be responsible
for Metzler’s attorney fees, which could add thousands more to the City’s tab.
“After considering the Appellant’s appeal, the testimony and
evidence presented, as well as the entire hearing record, this Board concludes
that the City has not borne its burden of proof and the disciplinary action was
arbitrary and further, was undertaken without reasonable cause.”
The bottom line to all of this is that Yenni’s attempt at
political retribution backfired and cost the city (us) thousands of dollars in
back pay, attorney’s fees, private investigator’s fees, and time and all
because an employee exposed wrongdoing that Yenni didn’t want to see the light
of day.
What a waste.
But, that ends this particular “political circus” in Kenner.And, what a circus it was.
Now about Rick Walther’s affidavit…
Here are the links to Adriane Quinlan’s excellent reporting
on Nola.com on this hearing:
