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HomeMy WebLinkAboutA012 - Letter to Council from Joe Rippetoe dated August 7, 2006 - protesting appointment s nESIOWA TO: Mayor Ann Campbell Councilman Ryan Doll ACouncilman Matthew Goodman Councilman Riad Mahayni Councilman Jim Popken C Councilman Dan Rice FROM: Joe Rippetoe 419 Pearson Ave ue, Ames, Iowa 50014 DATE: August 7, 2006 RE: Temporary Appointment to City Council This letter is to protest your July 25, 2006 resolution temporarily appointing Mike Hamilton to the Ames City Council. Resolution No. 06-303 is not valid because the individual being appointed does not meet the city's own published guidelines for making such an appointment. On June 20, 2006, Mayor Campbell offered three guidelines to be followed in making the temporary appointment: 1. The person not be a candidate for the Special Election. 2. He or she not be someone who has been a vocal opponent or proponent of the proposed mall. 3. The person has recently served on a board or commission so that they are aware of City policies and procedures. These guidelines were published in the Tribune, June 28, 2006 as part of the official meeting minutes. There is no subsequent record of these criteria being altered or changed in any way. According to the Ames City Council minutes of July 25, 2006, "Mayor Campbell indicated that she followed the criteria, and chose the applicant whom she felt best met the criteria." Council then approved the resolution in question on a roll call vote 5-0. But Mr. Hamilton does not meet criterion#2. He has been a vocal proponent of the proposed mall. According to the Ames City Council minutes of April 11, 2006 (published in the Tribune April 18, 2006), Mr. Hamilton testified in person on this very topic, as follows: "Mike Hamilton, 2941 Eisenhower Avenue, Ames, said what comes to his mind when people say the proposed mall is going to cost the people of Ames too much is a little outlet mall in Williamsburg, Iowa, along Interstate 80, that is very successful. He advised that Williamsburg, Iowa has a population of only 2,600, and it is doubtful that those 2,600 people spend that much money at the Tanger Outlet Mall. Secondly, some people are concerned about the Marsh. Mr. Hamilton said that he `is pro-mall and pro-marsh,' and he believes that they can co-exist. He is more concerned about the ethanol plant being built a few miles away than the impact a mall would have on the Marsh. Thirdly, he addressed the current mall, stating that he does not believe it is progressive enough; it will not meet the needs of the citizens down the road." r Rippetoe to Mayor and Council August 7, 2006 Page 2 of 2 It should be clear to any objective observer that an individual who comes to the City Council chambers and testifies in person in support of a project is a"vocal proponent," and as such should have been disqualified from consideration. How many Ward 2 residents, proponents or opponents, might have read those guidelines and, taking them seriously, declined to apply? How could six people agree on an appointment that failed to meet their own procedures and criteria? Given this inconsistent behavior, how can any residents of Ames continue to believe the claims of our elected officials that they are trying to move beyond the mall, find common community ground, and make decisions based upon pre-determined criteria? I do not know Mr. Hamilton, and there is every possibility he might have been qualified in other respects. But his appointment clearly does not meet published criterion#2. If those of us who are being governed are to have any confidence and trust in the decisions of you, our elected officials, this appointment can not be made. Mr. Hamilton should be invited to withdraw or, if necessary, Resolution No. 06-303 should be rescinded. There are clear ethical reasons for adopting the course of action I recommend. There may also be legal reasons. There have been a wide variety of cases where the decisions of a deliberative body have been subject to legal challenge when a member of that body was serving inappropriately. You may wish to consult City Attorney Marek on this point. This is the most clear-cut case I have ever seen where the elected officials of Ames agreed to do one thing, published their intentions officially, and then did something else entirely. I strongly urge you to rectify this situation. Thank you for your attention to this matter.