Brown Act issues arise from closed session exchange

The Colusa City Council may have violated the open meeting laws when what was an agendized job evaluation of the city manager turned into a discussion on economic development and at least one councilman’s call to end the consultant’s contract.

Councilman Kirk Kelleher, who announced this week he would not be seeking a second term, confronted Mark Mayuga about his work for the city during the Jan. 16 closed session.

Mayuga was allowed in the closed session because much of his work is tied directly to the council’s review of City Manager Jan McClintock, several council members confirmed Wednesday.

Councilman Tom Reische admitted that having Mayuga in the room provided the council an opportunity to ask him questions about his own work.

“Whether it was appropriate for him to be there without putting him on the agenda, I don’t know,” said Reische, who insisted it was no one’s intention to violate the Brown Act.

The issue became explosive as Kelleher and Mayuga engaged in what has been universally described as a heated exchange.

Kelleher has denounced Mayuga’s work for the city as being without value, and said the city has been “spending large amounts of money in a reckless and irresponsible manor,” by paying the consultant $7,800 a month.

Mayor Pat Landreth as well as Councilwomen Kay Hosmer and Donna Critchfield defend Mayuga’s contract, and believe he has proven his worth to the city.

“I do believe he has a value to the city,” Landreth said.

“We have had 16 site visits with various companies who are now interested in Colusa, and that is big,” the mayor added.

“Have those contacts come to fruition, yet? No. But to have 16 site visits in nine to 10 months is important.”
Reische voted against the contract back in March, and remains skeptical.

“I’m extremely reluctant to say we are getting out use out of him,” Reische said. “I did not have the faith in his abilities the other three (council members) had, and I did not vote to put him in his position.”

Kelleher’s statements received a backlash from Hosmer and Critchfield, who described Kelleher as “unprofessional” in his behavior during the closed session.

Hosmer took it a step further, calling Kelleher’s remarks “uneducated” and “self-serving.” She also accused Kelleher of being the least involved member on the council.

Kelleher responded with another statement Wednesday.

“If they want to call me names that is just fine. I don’t see the productivity in that practice, but it comes with the job sometimes.” Kelleher stated.

“I could go on and on defending myself, but what is most important is not me or Donna or Kay. What is important is the management of the city. Don’t take my word for it, go to a meeting and see for yourself who is unprofessional, abusive, hostile, a disappointment, uneducated, self-serving and non-participating.”

Landreth said he was uncomfortable that so much of what happened in a closed session is now being aired out in the open.

He agreed that Kelleher and Mayuga exchanged heated words, but would not describe either man’s behavior as anything but the result of strong opinions being expressed, and perhaps being carried away a bit.

Landreth confirmed Kelleher did ask for Mayuga’s contract to be terminated, and that issue was not part of the closed session agenda.

City Attorney Krysten Hicks did not attend the closed session, which was held on the Dr. Martin Luther King holiday.

She could not immediately be reached for comment on Wednesday morning.

The issue raises several critical questions moving forward, not the least of which will be the ability of the fractured council working together during the final 10 months of Kelleher’s term.

Perhaps the bigger question is in which direction the city will take its economic development efforts. With the support of a majority, the current track that includes Mayuga appears to be safe for now.

And while the proposed mega project – the Calmetha methanol plant – is front and center to those plans, especially with the redevelopment agency in tatters by the recent state Supreme Court decision, it is not the only facet of the city’s economic development vision.

The city is also working on a downtown revitalization plan, officials said, and has hopes for additional business growth.

“I want to be crystal clear where I stand on economic development. Economic development is important, and I think for the city to be spending money on it is good,” Kelleher said.

“We are missing many business categories in Colusa and we could use help finding businesses to fit, slow the bleed to Yuba City and create jobs. As a council person I am fully willing to take risk and spend public money to these ends,” Kelleher added. “However to spend, what will be $100,000 very soon with no end in sight and nothing to show for it is reckless.”

Mayuga said this week he has no additional information about the methanol plant, which purports to represent 300 full-time jobs and a project that will bring a number of other commercial and industrial firms to the area,

He said critical negotiations are ongoing.