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Superbowl XLII
All posts by C. J. Summers
My suggestion for anonymous commentators
Do you have first-hand information that needs to get out to the public, but you’re afraid you’ll lose your job if your identity is revealed? If so, I have a suggestion for you: talk to a journalist.
I would specifically recommend talking to Jonathan Ahl. He’s a reputable, experienced journalist. He, unlike bloggers, has a lot of case law backing up his right as a journalist to protect anonymous sources. He has had professional training in protecting a source’s identity. He can help you get your information out (assuming it’s true and newsworthy) in a constructive way without compromising your identity. Naturally, you must have first-hand knowledge (not merely a rumor you heard) and be able to sufficiently prove your allegation to him.
Here’s what does absolutely no good: posting anonymous comments on blogs with no supporting evidence. First of all, if you talk to a blogger, there’s a pretty good chance we’re not going to be able to legally protect your identity if we get subpoenaed (short of going to jail for your sake). Secondly, no one has any reason to believe you because you’re just a pseudonym with an unfounded accusation, for all we know. Third, if what you post is libel, any reputable blogger will remove your statements anyway.
And I have another piece of advice: if you do contact a journalist, don’t do it from work. Don’t send a whisteblowing e-mail from a company computer. Even if you’re posting anonymously or from a Hotmail or Yahoo account, your company knows what was written from which computer in their network, and they know who was logged on that computer at what time. Trust me, you will be discovered. If you’re going to write an e-mail, at least write from home; a public computer at the library would be even better.
Holling sentenced for DUI
From the Journal Star:
Peoria County Judge Rebecca Steenrod sentenced [Henry] Holling to one year of court supervision, 100 hours of public service and a three month suspension of his driver’s license starting March 9. He must also pay $2,200 courts fees and fines before Wednesday. It is Holling’s first DUI.
Holling was just hired as the interim city manager for the City of Peoria last night.
Garbage pickup suspended
I just got this alert from the city:
Waste Management is suspending residential garbage pickup for today. They will resume picking up the Friday routes on Saturday, February 2nd.
Early voting not without risk
Did you vote early? Is your candidate still in the race?
In Peoria County, registered voters could cast a ballot between Jan. 14 and Jan. 31 for the Feb. 5 primary. The trouble is, since Jan. 14, several candidates have dropped out. If you voted for Fred Thompson, John Edwards, or Rudy Giuliani, sorry, they’re not in the race anymore and there’s no way to change your vote.
Similarly, in the weeks leading up to a campaign, you may find out some new information that will change your mind about a particular candidate. Blogger BlueOllie found that out the hard way:
[N]ow I find out that a candidate I voted for has some serious ethical issues. First a misstatement about her graduating from college in a radio ad. Then a shoplifting conviction, as an adult. Then she paid the fine 8 years later, and now has a 3 year old moving violation that she has just paid. Oh boy. That sign is not staying up in our front yard. I am sorry that I voted the way that I did.
Now that’s not to say that early voting is a bad thing. It just has considerably more risk in a primary election than a general election. In a general election, I’ve never heard of a candidate dropping out, although I don’t doubt there’s some obscure situation where that did happen. Likewise, voters are unlikely to cast a ballot for the other party’s candidate unless there were some really devastating revelation about their own party’s candidate (like, “he was the man on the grassy knoll that shot Kennedy”).
As for me, I’m in no hurry. I can wait until election day to vote.
Henry Holling is the interim city manager
The Peoria City Council met in special session tonight to name former Caterpillar executive Henry Holling the interim city manager. He is scheduled to start work Feb. 3, but will not assume the duties of interim city manager until the close of business on Feb. 15, which is Randy Oliver’s last day. He will be paid $10,860 per month for an anticipated four to six months while the council looks for a new permanent city manager. Per Holling’s contract, he is not a candidate for the permanent city manager position.
Holling’s appointment passed the council on a 9-2 vote. Councilmen Spain and Montelongo were the only “nay” votes.
Councilman Bob Manning (3rd District) made the motion to hire Holling, seconded by Councilman Eric Turner (At-Large). Manning explained that department heads Craig Hullinger and Pat Landes were not considered for the job because they “have too much on their plates at this time” and to have either one of them serve as the interim city manager would “paralyze that department” while they were away.
Councilman Gary Sandberg (At-Large) was perhaps the most surprising “yea” vote. Holling has said some pretty unflattering things about Sandberg in the past and has actively raised money for candidates to defeat Sandberg at the polls. Sandberg’s response was that “we shouldn’t be afraid of people we might not always agree with.” He said that Holling loves the community and is “the right person for the next four to six months.”
Council Member Barbara Van Auken (2nd District) echoed Manning and Sandberg’s sentiments, saying that the council was looking for someone with executive experience, community involvement, and “if we’re lucky,” government experience.
Mayor Jim Ardis said that if everyone were to look at Holling’s resume without a name on it, and without the rumor and innuendo that has been spread in the community, everyone would have jumped at the chance to hire him.
Montelongo did not speak during the meeting, but afterwards told the press when asked that the reason he didn’t vote for Holling was because he didn’t feel Holling had enough experience with municipal management. Spain left very quickly, so no one was able to catch him for his comments.
Anonymous commentators rebuked
I’ve left something out of the comments I’ve reported so far. That is that almost all of them had something to say about the anonymous commentators that have been writing on this and other blogs and forums. Manning mentioned that there was no truth to the rumors that have been bandied about in the blogs he talked to several people he trusts “who have had the opportunity to work with Mr. Holling on a number of different levels and in different environments” and they all said that “he has the experience and skills to do an outstanding job as interim City Manager.” He added, “I give a lot of weight and credence to the opinions of those I contacted and absolutely none to whisper campaigns, anonymous bloggers and phantom letter writers.”
Sandberg likened the rumors about Holling to the weapons of mass destruction that were supposed to be in Iraq. “There’s no meat on the bone,” he said, referring to the allegations. If they were true, “Cat would have dealt with it long ago.”
Mayor Ardis said that it’s hard to get people who are willing to serve in a public capacity because of the kind of treatment they get in the “electronic media.” Whisper campaigns discourage good candidates from applying or being willing to serve.
Councilman George Jacob (At-Large) asked City Attorney Randy Ray if the code of conduct for commissioners extends to any comments they may make on “electronic media,” like blogs, anonymous or otherwise. Mr. Ray said that it does, assuming their identity can be ascertained. I asked Jacob afterwards why he asked that question. Apparently there is some concern that there may be a commissioner or commissioners who are making defamatory allegations on blogs under a pseudonym.
The contract
I will post a copy of the contract soon. In the meantime, here are the salient provisions:
- Interim assignment shall be for four to six months, but that may be extended by mutual agreement if necessary.
- He will get 15 days of paid leave to use during his interim assignment, with three additional days added for each month he is asked to serve past August (in other words, if they haven’t found a permanent city manager and his interim assignment is extended).
- Holling won’t participate in the city’s health insurance program, nor will he be eligible for any city benefits other than those outlined in the agreement.
- He has to continue residing in the City of Peoria during his interim assignment.
- I’ll quote this verbatim and without comment: “The CITY shall pay to HENRY HOLLING a car allowance of $300.00 per month, for all periods during which he has a valid driver’s license.”
- The city may terminate Holling at any time (for instance, if a permanent city manager is hired before his four to six months is up).
- The agreement is subject to Holling’s “successful completion and passage of a pre-employment physical, including drug and alcohol testing, prior to the initial start date.”
- He can’t engage in outside consulting without council approval.
- As mentioned before, it is stipulated that he will not be considered for the permanent city manager job.
After I got home, there was this message waiting for me in my in-box: “Interim City Manager Henry Holling will be holding a news conference on February 1, 2008 at 11:00 a.m. The news conference will be held in City Council Chambers.”
The Center for Prevention of Abuse outraged by portrayal of sexual assault victims
I received this press release today:
PEORIA, IL—The CENTER for PREVENTION of ABUSE believes that all persons deserve the right to live free from violence, regardless of “collateral” issues.
In recent news articles and coverage of the arrest(s) of Monterius Hinkle, it has been suggested by local leadership that female victims of violence are held to a higher standard by prosecutors and juries than their assailants. Martha Herm, Executive Director at The CENTER for PREVENTION of ABUSE, and Julie Boland, Program Director of the Sexual Assault Service program, assert that it is the community and those who commit violent acts that should be the ones held to the highest scrutiny.
Herm and Boland assert:
- “Each one of us must learn to separate the victim’s life and actions from those of the perpetrator. We need to draw a box around the incident. The bottom line is…did someone commit an act of violence against another’s will? YES or NO?
- What a sad message we’re sending to those who have been victimized that they shouldn’t come forward because they won’t be able to get help. In crimes of sexual assault, victims are small children, teens and college students, they are mature women and seniors who may live by themselves or in long term care facilities. They are boys and men. It happens in all socio-economic circles. No one is immune.
- All members of our community deserve to be treated with dignity and fairness. That treatment must start with the criminal justice system, but can’t end there. It is critical that we work together to change the attitudes of everyone in central Illinois. Even if the police arrest the rapist and the prosecutor takes him to court, the decision of what happens next is often in our hands. We must hold sexual predators accountable for their actions. We must ask ourselves how we would want to be treated if we were victimized. We must stop blaming victims in order to excuse the crimes of their attacker.”
If you or someone you know has been a victim of sexual assault, there is help. The CENTER for PREVENTION of ABUSE is available 24 hours a day, 365 days a year to provide help and hope to those who have been harmed at the hands of another. To get help or to learn more, please call 309-691-0551.
State of the City address
You can read a copy of Mayor Ardis’s “State of the City” address by downloading a PDF copy of it from the city’s website.
What to think about Holling
I don’t know Henry Holling. All I know is what I read in the papers. And there’s a doozy of an article in the paper today.
It’s been previously reported that Holling is being considered for interim city manager after Randy Oliver leaves on February 15. It has also been reported that Holling was convicted of a DUI just recently — so recent, we find out today, that he hasn’t even been sentenced yet. That will happen this Friday. The city council has called a special meeting to possibly appoint him interim city manager this Thursday, Jan. 31.
On top of that, the paper says he’s given money to three council members’ campaigns: Eric Turner ($700), George Jacob ($750), and Bill Spears ($250). The Illinois City/County Management Association (ILCMA), as mentioned in a sidebar to the article, has a tenet against this in their ethics code. It reads:
Tenet 7. Refrain from all political activities which undermine public confidence in professional administrators. Refrain from participation in the election of the members of the employing legislative body.
What was not in the paper was any discussion of rumors regarding why he retired from Caterpillar when he did. Every journalist I’ve talked to has been unable to substantiate those rumors, which is why you don’t hear them on the radio or read them in the paper, and it’s why I don’t allow them on my blog.
So, what are we to make of all this?
First of all, I don’t think decisions can be made based on rumors. So in the same way rumors won’t be published, I don’t think rumors can be used as a basis for hiring or not hiring someone. I know that it happens sometimes, but that doesn’t make it right. It’s not good policy to make decisions on anything but verifiable facts.
Secondly, it is a fact that Holling contributed to some council members’ campaigns. But ask yourself honestly, do you really think that $250-$750 is enough to say to a council member, “you owe me”? Does anyone think that George Jacob is wowed by a contributor who gave him all of $750 of the $55,000+ in funds he had available for his campaign? I’m not buying the “payback” angle. If any of these council members are supporting Holling, it’s not because of his campaign contributions.
I also don’t think Holling is violating any ILCMA tenets. He gave this money long before anyone knew that Randy Oliver was leaving or that there would be a need for an interim city manager. I don’t think you can retroactively hold someone to an ethical standard like that.
Finally, there’s the DUI. That’s a matter of public record. He will likely have his license suspended on Friday. And it’s on this point that I have a problem with Holling being selected.
To be a good manager, you have to have respect. You need the respect of your employees and your bosses. A city manager — even an interim one — also needs the respect of the citizens he’s hired to serve and the outside agencies, both public and private, with which he needs to interact. Holling is not going to have that respect precisely because he’s currently under the cloud of this DUI. Since it’s an interim position, he has no time to (re)build respect before he’ll be replaced with a permanent city manager.
Furthermore, his mobility will be limited. City Attorney Randy Ray is quoted in the paper as saying that a drivers license is not required for this job position. But Randy Oliver was provided a car allowance of $500 per month per his contract. One would assume that means he needed to do no small amount of driving as part of his job. How will Holling get to and from work? The bus? How will he get around the city to do his job? Is the city going to assign him a driver?
Perhaps when one looks at Holling’s entire career, the DUI is just a single bad judgment, and we all make bad judgments at times. But the timing of this is most significant. How are the citizens of Peoria supposed to have any confidence in this choice, especially when a better candidate is waiting in the wings?
The city should reject Holling and instead appoint Economic Development Director Craig Hullinger as the interim city manager.
Zoning commissioners, council members skip LDC training
There was a big flap last November when the Zoning Commission (and subsequently the City Council) undercut the new Land Development Code (LDC) for the Heart of Peoria Plan area by approving a special use request from St. Ann’s Church against city staff’s recommendation. Staff had recommended that the architecture of the proposed building be modified to make it consistent with the intent of the LDC and, ultimately, compatible with the residential area surrounding it.
The whole situation betrayed a lack of understanding on the part of many commissioners and council members as to how the LDC works. There was confusion about exactly how to make decisions regarding zoning requests based on the code. So, as a direct result of that situation, the Planning and Growth Management Department, at the Mayor’s direction, put together a training session to help commissioners and council members gain a better understanding. They brought up Lee Einsweiler from Code Studio in Texas to give a refresher course and answer questions about recent controversial decisions. Lee was part of the team that wrote the LDC, and thus is an invaluable resource on how to use and interpret the code.
The training took place this past Saturday, January 26, from 8:30 a.m. until about 2:00 p.m. at the RiverWest Frank Campbell Community Center. The City Council and Zoning Commission were invited, along with the Planning Commission, Heart of Peoria Commission, Historic Preservation Commission, Zoning Board of Appeals, et. al. It was nice that it was opened up to everyone because it allows us all to get on the same page, is it were, regarding the code.
However, the main reason the meeting was set up was to educate the Zoning Commission and the City Council. So, who showed up from those two bodies? From the City Council: Mayor Ardis, Second District Council Member Barbara Van Auken, Third District Councilman Bob Manning, and At-Large Councilmen Gary Sandberg and Ryan Spain. From the Zoning Commission: Mike Wiesehan and Marjorie Klise. That’s it. Five out of 11 council members, and two out of seven zoning commissioners.
Who wasn’t there? From the City Council: First District Councilman Clyde Gulley (whose entire district is under the LDC), Fourth District Councilman Bill Spears, Fifth District Councilman Pat Nichting, and At-Large Councilmen Eric Turner, Jim Montelongo, and George Jacob. Jacob in particular has been asking a lot of questions lately about the LDC, especially regarding porches and accessory structures, but he regrettably couldn’t make it to the training where he could have gotten those questions answered (he was out of town for his son’s hockey game). From the Zoning Commission: Greg Hunziker (chairman), Rich Unes (who said during the St. Ann’s discussion, “I don’t think we have the authority to tell them how to build their building”), Curt Davis, Tim Shea, and Mark Misselhorn. Shea and Misselhorn were appointed to Zoning Dec. 17 — after the St. Ann’s situation. Misselhorn was out of town on Saturday, but he’s also on the Heart of Peoria Commission and is already well-versed in the LDC.
It’s bothersome to me that so many people missed this training session. It was important. It was necessary. It was brought in specifically for the Zoning Commission and City Council. And yet look at the attendance. If this were just a one-time deal, that would be one thing. But there are some zoning commissioners who haven’t attended any of the consultant-selection meetings, the subsequent charrettes, or the all-committee training sessions. If commissioners are not available and/or willing to educate themselves on new zoning regulations, why are they on the commission? How can they adequately fulfill their duties? If council members don’t understand the LDC and don’t take advantage of training opportunities, how can they make informed votes on the council floor?
I want to commend those council members and zoning commissioners who made this training a priority. Hopefully those who didn’t attend will defer to these more informed members when questions regarding the LDC come up in the future.