City Council - Special Meeting

Well, good afternoon. Thank you for joining us today. I'm Mayor Stewart and I'm here to say that all of the council members are present for today's special meeting. And council member Boswell, would you please uh lead the pledge? Thank you. Well, today this is a special meeting. We only have um some very specific items. So, we do not have general public comment. Public comment is only for items on the agenda. Um so, our first uh agenda item is the consideration of removal of tenant commissioner of the housing authority of the city of St. Louis Bispo HLO. And I believe that Michelle Pedigo, the executive director of HALO, will be uh joining us up front to present the report. And at that time, once she presents the report, we'll have questions as normal. And then we have a 10-minute ability for um the commissioner to provide public testimony if she wishes. Um we have received um written public written public testimony and uh we'll go from there. executive director.

Um, so as you mentioned, we're here on behalf of Haslow to support the request to remove Tenant Commissioner Welsh pursuant to Health and Safety Code 34282. Um, I want you to know that this is not something um, a decision that we made lightly and something we really hoped could have been done in a less public forum. Um but over the p the last few months that the pattern of conduct has just left it where we kind of back into a corner and we need to do what's best uh for Haslow. The behavior is inconsistent with expectations of a commissioner and it's raised significant concerns with resident and staff safety. So before I give a brief summary, I want to explain the appropriate role of a housing authority commissioner. Commissioners serve in an oversight in policy leadership capacity similar to how city council plays over uh city departments. Commissioners provide highlevel governance, ensure accountability and uphold the missions and values of the agency. They do not engage in day-to-day operations, direct staff or act in any supervisory or managerial capacity. Those responsibilities belong to staff because there's significant training and oversight that needs to be a part of uh those complex issues. [snorts] Commissioners also play an essential role in protecting the agency's mission and ensuring resident trust. They are a safeguard, the last line of defense um to ensure that leadership acts appropriately, ethically, and equitably. Tenants must be able to trust that the commissioners will treat them fair and not misuse their roles. So, uh, the concerns are documented in the staff report. I'm being intentionally vague again because I don't want this, um, to be any more disruptive or um, I don't want it to be cruel in that

we're just making a business decision here. So, I'm just going to briefly describe the concerns um which are boundary violations that um the commissioner has repeatedly acted in staff capacity uh despite repeated repeated requests to cease and assist. Uh safety concerns including an incident that involved pepper spray, physical contact with a staff member, and attempting to enter an employee area that is off limits. um misrepresentation misrepresentation of the authority telling residents that they are that she is an employee that she has uh control or say in their housing and they are at risk of losing their housing. [snorts] Um most recent event in when she implied she was a property management staff she allowed a tenant or someone who was not a tenant to reside in a vacant unit. uh that person ended up having an active arrest warrant and had to be removed from the property. And this is one of the reasons why we have staff who are specifically trained and doing background checks and screening um and making sure that the people in the units are uh safe to have at our properties. Um and there are equity concerns including some racially discriminatory remarks that were made. Um, so this has ma made us very concerned that staff I mean residents would feel comfortable coming to the board with concerns um if there were concerns that they weren't going to be treated fairly in those complaints. Um in the end that just the conduct does not promote the inclusion and uh the values that Haslow has. So we are um we attempted on numerous times to have conversations and request improvement and lack of improvement um has been shown. So at this point we don't see any

other option other than to make this recommendation for removal. Uh the health and safety code does require us to give the commissioner 10 days notice of the hearing which did happen on December 4th uh via posting on her door, mail and email. Uh so for these reasons that I've summarized here, we're making this request and if there are any other questions or qu clarifications I could offer, I'd be happy to. Thank you so much. uh there was a mention in her written response that she was not given due process and just could you please expand on that?

Yeah, so I was actually um the one who brought the notice to her unit. I passed her on the stairway, offered her the um notice, she refused. Uh so I proceeded to her front door and posted it there and then followed up with US mail and email. So there was and that was on 124 which I believe was 11 days um when 10 days is required. [snorts] Thank you. Any questions vice mayor?

Thank you. Um [snorts] I heard [clears throat] in your um testimony just now that there had been previous uh occasions where there had been additional trainings or uh counseling around uh the parameters that the commissioner was supposed to be operating within. Is there documentation of any of those previous encounters or discussions? Uh yeah, I could provide emails. Um at after the first meeting we had with her, she no longer wanted to engage with us face to face. So those were all via email. Um so I repeatedly requested that um she stop uh behaving as staff and then she was given two uh lease violations um that listed out the incidences and requested that that behavior stopped. um she was allowed a chance to respond to those although her response didn't indicate she would stop the behavior and the behavior didn't stop. So

So am I hearing correctly? There were approximately three uh interventions before this. Um well there was one meeting in person, two lease violations and then numerous emails. So thank you for the clarification. Thank you Council Member Marks.

Yeah, thank you for uh letting us know what your situation is. Um, uh, we did get, uh, an email from a member of the public asking why this had to be done in such a an open public way. Why does this have to be a city council meeting? Wasn't there a more subtle diplomatic way to do it? And I just wonder if you or perhaps the city attorney, someone could explain why this matter is even coming to the city council. Do

you want me to? Uh as far as I know that um this health and safety code indicates that if the tenant commissioner is confirmed in front of the whole city council, the whole city council has to be a part of the removal and it didn't qualify for any of the exceptions for a closed exception because there was no litigation um threatened and there was it's not personnel issue. It's an elected position and unfortunately I will remind the council that we have had to do this um in my tenure. I'm trying to remember if it was three years ago. City attorney, do you remember the

I I don't remember the exact date, but approximately that. And I would assume similar circumstances as here wherein there's an opportunity sort of a behind-the-scenes conversation, an opportunity for there to be a voluntary resignation or removal that is declined. Um, and then, uh, of course the statutory requirements do need to be followed and those requirements provide for a public hearing. Thank you. It's incredibly unfortunate to have to do. I agree. Any other council member Shoresman?

Thanks. Yeah, I just came in right as we were about to start the meeting, so I was kind of perusing this um, correspondence that we got. Um, so forgive me if I didn't hear you correctly or I missed something. It appears to me uh that the the due process that um Nancy is requesting or has tried to request has been to be sort of confronted with the issues and have an opportunity to explain or to clarify rather than it sounds like from what I'm hearing to you, you have progressively told her that the behavior was not okay and that she I sorry I'm sort of summarizing and that she's received warnings about it, but has there been an opportunity to sort of have an exchange about whether or not the the things that she's accused of actually have occurred or were occurred or not?

Yeah. So, um, as I mentioned, she refused face to face contact at some point. So, we started doing this via email, but um and she was allowed to give her side of the story, although it kind of turned into a he said, she said, and then staff would um speak to residents and residents, multiple residents were coming forward with the same information. And so, we did an investigation of every um incident and we had enough people saying that this happened that we really had no reason to believe that it didn't happen. and the effects of the tenants were just becoming more and more obvious where they were afraid and uh not speaking up. Um so it's hard to say and when we weren't there it's hard to prove you know that something uh happened or didn't happen but we had enough uh complaints people coming forward in writing and and and speaking to staff that we were pretty confident that the behavior was ongoing. And then the incident with the police that happened in front of staff where she, you know, attempted to allow this person to stay in the unit and she was in the unit at the time the police arrived. So,

thank you. It sounds city attorney. Did you want to add? Thank you, Madam Mayor. I I did just want to add that this is not a sort of property interest due process scenario in in a way similar to public employment and the process that's due is that outlined in the statute and this hearing is that process is the forum in which the the person who is proposed to be removed has the opportunity to address those concerns and that's the purpose for the hearing.

Thank you for those clarifications. Thank you. And without further questions, going back to city attorney and what she just shared, um the next part of this process is for her uh the commissioner to be able to provide 10 minutes of public testimony during this public hearing. She's not in this room at this time. Um she is. She is. Oh, so sorry. I apologize. Um um so at this time, it would be for you to be able to share your 10 minutes. Does this go? Do I press it? It's already on. Thank you.

Oh, it says red. Yes. So, if you if you look at the microphone, you can put it towards you and move it up and down. Whatever works best for you.

I think I'm fine. Okay. Thank you. Uh, mayor, uh, council members, other Thank you. Uh, my name is Nancy Welsh, housing commissioner, of which I'm very proud. I was appointed after being interviewed by the mayor and assistant director Vicki and my appointment was approved by this city this council. I have served with transparency and integrity while I was notified of allegations. I have never been given due process. I have not been shown the sources of the complaints nor given any opportunity to respond. The information being presented is inaccurate and I have not participated in the actions I'm accused of. The matter has been submitted to HUD HUD and Senator Alex Padilla's office who have both begun reviewing it. HUD has contacted me Friday about the unresolved lighting issues at Del Rio Terrace and will be reaching out to ensure corrections are made. Given that federal oversight is now active, I respectfully request that any vote be postponed until their findings are available. Thank you.

Thank you so much. With that, is there anything else you wish to add? Oops. Sorry. [laughter] No, there's nothing else. Thank you. Any other questions from my council members? All right. So, now is deliberation time. Vice Mayor, apologies. Um, do we have any documentation of the uh of the complaint being passed up to HUD or to Padilla's office? Um, have they reached out to uh to um Hassel?

Uh, the only correspondence I got was from the tax credit allocation committee on Friday and that was regarding the lights that she referred to and that was just a repair that was in process. it takes a vendor to get a cart to go up to these lights. So, that was scheduled. Um, and we've evaluated the rest of the lights and there is no safety concern. Um, there are enough functioning lights to provide safe lighting. Uh, but nothing no correspondence about this particular complaint. Thank you.

Thank you for the question. Um at this time uh unfortunately I have seen the many of the emails and um I understand this is the process um that HasllO has and I am ready to move forward um when it's time if there's anything more that you would like to share council I'm ready to move forward to remove commissioner Welsh is as I move yes council member Marks Um, all seconded. Thank you. Any other comments? Can we have a roll call, please? Mayor Stewart, yes.

Council member Marks, yes. Council member Shoresman, yes. Council member Boswell, yes. Vice Mayor Francis,

yes. The motion passes 5-0. I'm very sorry to have this experience today and um I wish HLO and Commissioner Welsh the all the best. Uh on to our next topic. Um so today we have uh a business item to authorize if you want to come up um to hire a CalPERS retired annuitant to serve as fire chief on an interim basis. Many of us uh we had the conversation on December 2nd that Chief Tuggle um was resigning and we will be looking for a new fire chief, but in the interim we need someone here. So, city manager,

thank you very much, Madame Mayor and Council. Um I'm excited to bring this item forward to help us through this interim next step as we search for a new permanent fire chief. Um, so I don't have a formal PowerPoint or presentation and our human resources director, Nicole Domin, is also here to answer questions. We also have uh Randy Harris is here as well. Um, really excited to introduce him to the council, but the matter at hand in front of us is um, as our mayor mentioned, our current fire chief uh, Todd Tuggle will be resigning effective January 4th. Um and this creates a immediate vacancy that we need to fill in this crucial public safety role in our city. Um Mr. Randy Harris is retiring as deputy fire chief in Pasa Robos very soon on December 20th and brings extensive executive command experience and strong familiarity with fire service operations in our county which will allow us for a seamless transition to help our fire department through this time frame. Um, I would like to add he he served 28 years in Paso or he will have very soon. Um, and so we're really appreciative of both the service that he's provided to that community and our entire county and then his openness and willingness to come in and help us. Um, as well truly, I think a servant's heart there. Um so state law requires a waiting period between uh when somebody retires from service in a Kalpers agency and starting any other kind of new position with another Kalpers agency. But there are some exceptions to this waiting period and that's what we're here to talk about today. Um because uh Mr. Harris will not meet the 180day postretirement waiting period. The state law requires the council to adopt a certification resolution confirming that this is a critical need and that no other

retirement incentives are being provided. Um the appointment uh is limited to 960 hours per fiscal year. Uh it includes no benefits and ends once a permanent fire chief is hired. Uh the cost for this position is fully budgeted and funded through salary savings from uh what will be our vacant fire chief position. Uh we believe this will result in about a savings of about $50,000 over the course of six months. Um and so we recommend adoption of the proposed resolution to ensure that we have continued uh stability and support for operational readiness during this transition. Um, and as if council is supportive of this, um, hopefully we can, uh, say thank you and welcome as well to, uh, Mr. Harris. So, with that, I'm happy to answer any questions and I'm know we have a couple others in the audience who can as well.

Thank you, Council Member Shoresman.

Yeah, thank you for uh, stepping up. And I I think my main question is about the the halfimeish capacity or it's 960 hours, right? that is allowed uh in this particular situation. And that I know from my personal experience that's about um that's about half time for a full year or you know 20 hours a weekish for a full year or full-time for six months. So my you know and in the interim my understanding is that we'll be looking to fill the vacant position maybe getting worst case scenario sort of a vision on this but but what happens if um we start getting close to the 960 hours and we have been unable to recruit and fill that permanent position.

Yeah, great question. Um two two things. Uh first the it's the 960 hours is a limit per fiscal year and so July 1 will start a new fiscal year. Um at the same time we don't intend to hit that mark and need to kind of start over again or replenish that bank um because we will be starting a really active recruitment. Um our current plans are to kick things off in January and so they're all intents are to have somebody in place uh certainly by the end of this fiscal year. Okay, good to know. And if again, worst case scenario, hopefully uh hopefully our interim will will stay on for a few extra weeks if needed.

Thank you. Thank you. Glad you're willing to serve full-time. Um very [laughter] important. Yeah. Um I don't see any other questions and um I'm very thankful that um you will be able to help us, Mr. Harris, through this time period and this transition. And I look forward to um [sighs and gasps] Nicole Dominique and uh Whitney McDonald putting us through the process of another uh search and um hopefully finding a good fit for the city for the next fire sheep. So, thank you, Vice Mayor. I was just going to go ahead and make a motion to approve.

I move to approve staff public comment. Thank you for that reminder. Is there any public comment on this topic? No, there's not. Okay, great. Thank you. So, we'll take uh Councilman or sorry, Vice Mayor Francis's motion and then Counciloman Marks. I'd like to second it. And I'd also like to say that I hope once the appointment actually happens that you'll be able to come and talk to the council so we can get to know you a little better. Absolutely. Thank you for that. Uh, city clerk, can we have roll call, please? Vice Mayor Francis, yes. Council member Marks, yes. Council member Boswell, yes. Council member Shoresman, yes.

Mayor Stewart, yes. And the motion passes 5-0. Thank you so much. We look forward to getting to know you better and having you come on board. And I will also say, Director Dominique, thank you so much for all the work. I know that that's uh figuring out exceptions through Kalpers is is quite a process. So, thank you. And with that, we will resume this part of the meeting and we'll move over to the council hearing room for our council liaison and subcommittee assignments for 2026. See you there in a few minutes.