Melvindale City Manager Richard Ortiz (left), Mayor Nicole Shkira, City Attorney Lawrence Coogan and City Councilmembers Joe Jackson and Stan Filipowski listen during a special council meeting Dec. 10 following the new mayor’s attempt to fire the city manager, which some say violated the city charter.
By SUE SUCHYTA
Sunday Times Newspapers
MELVINDALE – City Council Mayor Pro-tem Joe Jackson called for a rare Sunday night council meeting Dec. 10 following newly sworn-in Mayor Nicole Shkira’s attempt to fire City Manager Richard Ortiz.
While Jackson and others claim Shkira violated the city charter when she attempted to fire Ortiz, with a police escort, on Dec. 8, the mayor claims that the special council meeting was improperly called and advertised, and was in violation of the Open Meetings Act, which would render any votes made during it invalid.
During the Dec. 10 meeting, Shkira publicly rescinded her letter calling for Ortiz’s firing, while Jackson agreed to re-address the issue at a future council meeting, which would be called in strict accordance with the Open Meetings Act. The council next meets Dec. 20 at City Hall.
Jackson and Corporate Counsel Lawrence Coogan contend that the city manager serves until the city council approves the mayor’s replacement for the position.
Ortiz has other duties in addition to serving as the city manager: He is the finance director, human resources director and the city’s primary grant writer, in which capacity he has brought in millions to the city in grants.
When the city was struggling financially, Ortiz, who was originally just the city manager, took on additional responsibilities as other employees left, essentially doing the work of four positions.
During her campaign, Shkira complained that Ortiz did not merit what she considered a high salary, and indicated that she intended to replace him if she became mayor.
Southgate City Councilmember and attorney Bill Colovos, who has represented Shkira in the past, spoke at the meeting, criticizing city officials for their opposition to the mayor.
“I sit back and I watch these meetings, this is the second one, and I shake my head,” he said. “This is a new mayor, and the respect of a new mayor by the citizens is not being given.”
Colovos implied that some of the council members were upset that former Mayor Wheeler Marsee did not win re-election and were putting her “under a microscope” in retaliation.
“Well, eventually, I am going to be part of an investigation, and I want to see everybody shake their head when it’s done,” he said.
Colovos accused Jackson of disrespect for Shkira, and accused him of “smirking” and being ego-centrical.
He also accused Jackson of violating the provisions of the Open Meetings Act and threatened to file suit for the violation, and said he would ask for sanctions.
Jackson said he contacted the city clerk with the special meeting notice within the required time frame, and that the notice was supposed to be posted as legally required.
City Clerk Diana Zarazua said the meeting notice was posted in three public locations, as required, prior to the 18-hour deadline. As a newly appointed official, she does not yet have access to the city’s website.
Southgate City Councilmember and local attorney Bill Colovos (left) speaks during the Dec. 10 Melvindale special city council meeting, following new Mayor Nicole Shkira’s attempt to fire the city manager, which some say violated the city charter, as Melvindale City Councilmembers Dawn Cartrette, Julie Rauser and Saleim Abuali, City Clerk Diana Zarazua, City Manager Richard Ortiz, Shkira, City Attorney Lawrence Coogan and City Councilmember Joe Jackson listen.
Colovos mocked Coogan as he attempted to read the language governing Melvindale’s meeting notices, saying, “Oh, he’s going to read it for the first time,” which Coogan ignored.
Councilmember Scott Frederick commented Dec. 10 on Colovos’ personal attacks against Melvindale city officials at the Dec. 6 meeting and the meeting in progress.
Jackson told Colovos that the city officials would do everything in a proper and legal matter.
Coogan said that the Open Meetings Act requires a city to post meetings on its website if it has one, then commented that the crowded chambers indicated a good turnout despite it not being posted online.
Colovos, Jackson and Coogan then debated whether Shkira had violated the Melvindale City Charter in her attempt to fire Ortiz. Since Shkira had rescinded her termination letter earlier in the meeting, Colovos said it was a moot point, while Coogan and Jackson cited specific charter provisions that Shkira had violated.
Speculation among Melvindale residents contends that Colovos may hope to replace Coogan as city attorney, but since the Melvindale and Southgate city councils both meet on the first and third Wednesday nights of each month, Colovos would be unable to attend both meetings unless the schedules changed.
Jackson said that Shkira attempted to remove Ortiz’s name plaque from the city council dais before she was even sworn in Dec. 6, and said she told Ortiz his services were no longer needed.
“We explained to her that she cannot do that, and she wasn’t even mayor at the time,” he said.
Jackson said Shkira then tried to make other appointments without tabling them to give the city council time to do its due diligence before approving or disapproving the candidates.
“The charter specifically says that you have to table every last appointment before,” he said. “You can’t just come up here and say ‘I want my appointees immediately.’ And two days later she goes in, with police officers.”
Colovos said Southgate doesn’t table its appointments.