New dining in Watonga!

Fri. Aug 30, 2013
I just learned today that SMOKIN' EDDIES BBQ will be served at the Noble House restaurant on Friday and Saturday evenings, 4:00 pm to 9:00 pm beginning on September 13.  Eddie has been cooking his BBQ and selling it on a corner of Main St. most weekends for quite some time so most folks are familiar with the quality of his meats. We wish him success in his "indoor" venture. I know our guests at the Chaparral Retreat will be happy to have another place to get dinner after they check in! 

 

News at Watonga Republican!

The new editor at the Watonga Republican newspaper, Eric Warsinsky, brings a fresh, energetic attitude to Watonga. 

Code enforcement and the cleaning up of Watonga has been a hot topic in City Council meetings for several months now.  It has been said many times "other cities are facing the same problems".  Yes, they are.  But some towns are trying to deal with it instead of making excuses for allowing it to continue. 
There was a recent story in The Oklahoman about "Reviving Neighborhoods" by staffwriter William Crum (Aug. 18 issue, Page 10A).  If you can get your hands on it, it provides a look into how  Oklahoma City is dealing with the issue in a positive way.  The article points out the negative impact blighted properties have on a community, both economically and emotionally.   Mr. Crum  writes "...a vacant, poorly maintained house suppresses economic development and is a property rights issue for everyone around it."  The article also mentions some of the benefits to the community that come from code enforcement and efforts to reclaim blighted properties:  bringing  tax dollars to the City in addition to utility income; maintaining property values; bringing families into revived homes and customers into neighborhood businesses.  The positive effects of good code enforcement have been pointed out at City Council meetings, but the City's response up until recently has been that "it will cost us."  The article in The Oklahoman stresses that NOT keeping up on code enforcement costs the town and its residents even more in the long run!  The problem cannot be fixed overnight -- it will take some time and ongoing effort for sure.  But we have to start somewhere and soon.  Oklahoma City spent almost $100,000.00 for a study analyzing the impact of vacant and abandoned buildings. The article can be found on-line at NewsOK.com and search for "vacant properties."      

/Linda

City Contract with American Municipal Services

At the last City Council meeting (Aug. 20), I noted:
Next on the agenda was a request to enter into a contract with American Municipal Services to collect past due court fines.  Harriette Nitzel said “we have a lot of them.”  Several city councilpersons questioned why these fines had not been collected or “why aren’t they in jail?”  Ms. Nitzel said that her office issues warrants and files for driver’s license suspension with DPS, but that there are still a lot of uncollected fines.  She said they would be collected by AMS at no cost to the City [emphasis added].  When questioned further, Ms. Nitzel indicated that information on the service and their fees  was in each councilperson’s packet; however, none of the councilmen had it.  She then passed a copy of information from AMS to Richard Hightower.  Ms. Nitzel  said that AMS’s fee is 35% of the fine, but that AMS adds that fee to the fine they collect so that it doesn’t come out of the City’s portion.  “We get the entire fine they collect” she said.  The council voted to approve entering into a contract with AMS (with no details of the contract being in the Motion).  Richard Hightower stated that his affirmative vote was in spite of not having the full information in front of the council, and asked that “this not happen again.”

[ed. note:  Since the actual terms of an agreement with AMS was not provided to the Council, and approved by the Council, the terms  of any agreement were not approved by the Council and should be presented at another Council meeting for such approval prior to the City representatives executing the agreement.  Citizens should attend City Council meetings in order to know what our City government is doing -- it affects YOU!!] 

[My next posting will be a summary of an article that appeared in the Oklahoman about Code Enforcement in OKC (Aug. 18) and how it applies to our community.
Thank you all for the messages of support for this blog and your desire to be informed!  /Linda]

END OF SUMMER?

The Blaine County Fair is now over and it looks like it was another success.  Everyone who worked on it deserves a big THANK YOU for all of the volunteer hours put into the event.  Watch for a report of the winners in all of the categories in the upcoming Watonga Republican.  [ed. note:  I was surprised and pleased to earn a third place ribbon for the zucchini I took in!  It encourages me to put in a bigger garden next year!]  Three paintings done at Liquid ART events also earned ribbons.

City Code Enforcement Update

At the most recent City Council meeting, a report was provided by Robert Daugherty, Code Enforcer for the City, for the month of August 2013, reprinted here:

"I have sent out 48 notices, I have received 18 complaints from citizens. I have issued work orders for 6 propertys (sic) for mowing and one for cleaning and mowing.  Marvin, Donnie, Mark, Verlan (sic) and I have been discussing various Code Violations and issues in our community that we are currently working on. The Police Dept and I have discussed issues with several vehicles in our community area. 
Working for a cleaner Watonga
signed/ Robert Daugherty" 

No citations have been written, according to this report.  [ed. note:  could that be because there is no fine listed in section 1.108 of the City Code of this type of code violation?]

Thanks for reading.   /Linda Barrett

County Fair Time! then Storytelling Night at the Liberty Theatre

Aug. 22 - Aug. 24  The weather is perfect for a County Fair!  Be sure and go by the Blaine County Fairgrounds on 7th Street in Watonga and see all of the County Fair exhibits! There is also a Carnival with rides this year!

Coming up on Saturday, September 7 is the Watonga Theatre's Membership party featuring a storytelling program.  Starting at 6:30 p.m., come by the Theatre to purchase your annual membership, enjoy finger foods and fellowship, and then stay for some interesting storytelling.  During the day on Sept. 7, our professional storytellers will host a "workshop" at the Watonga Library where children and adults can learn some tips about how to tell a story.  For more information, call Andy Barrett at 580-623-4269, or Terri Crawford at the Watonga Library, 580-623-7748.   Watch  here for more information about this event.

/Linda

City Council Meeting of Aug. 20, 2013

Following are my notes of the City Council meeting on Aug. 20 for the time I was present. I've been told by a number of residents that they appreciate knowing what is going on in city council meetings.

[Mayor Clay Loosen has reposted a notice on the door of the City Council room that all telephones and recording equipment must be turned off during the meeting.  A similar notice was posted last year following some questions about what had been said at a meeting and Harriette Nitzel said her recording of the meeting "had not worked", but a recording from another person was produced to prove the statement.  The new notice was professionally printed and looked  more "official".  Mayor Loosen commented that he had posted the new notice because a telephone went off (rang) during a previous city council meeting.  I didn’t take offense to the comment because my cell phone has been kept off during council meetings after I was personally chastised by Mayor Loosen several months ago. FOR THE RECORD, the only cell phone that rang during any recent meeting that I have attended was Dr. Spencer's.  The City Clerk tape-records every meeting, so this can be verified anytime if anyone wants to listen to the recordings.
 
Oklahoma Open Meeting Act states:    "It is the public policy of the State of Oklahoma to encourage and facilitate an informed citizenry’s understanding of the governmental processes and governmental problems."

"All meetings of public bodies, as defined hereinafter, shall be held at specified times and places which are convenient to the public and shall be open to the public, except as hereinafter specifically provided. All meetings of such public bodies shall be preceded by advance public notice specifying the time and place of each such meeting to be convened as well as the subject matter or matters to be considered at such meeting, as hereinafter provided."

“Cameras and tape recorders may not be barred from meetings of public bodies.”

“Any person attending a public meeting may record the proceedings of said meeting by videotape, audiotape or by any other method; providing, however, such recording shall not interfere with the conduct of the meeting.”

 “Any person or persons willfully violating any of the provisions of this act shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding Five Hundred Dollars ($500.00) or by imprisonment in the county jail for a period not exceeding one (1) year or by both such fine and imprisonment.” ]


Present in the meeting were Eric Warsinskey , new editor of the Watonga Republican; Mayor Clay Loosen, Harriette Nitzel, Debbie Annette  from Dan Webber’s office, Dacia Phillips from CPA office, Noelle Danucio, city council members: Richard Hightower, Kendra Baker, Bobby Spencer, Edna Justice, Brent Wilkinson, Gary Olsen, and Brenda Curry; Linda Barrett, Andy Barrett, Robbie Pearce from Mercy Hospital, Robert Daugherty, and Verlin Bills.

Prior to the meeting there was discussion among the city council persons about activities at the Light & Water office that were inappropriate – Kendra Baker said we needed to do something about the “horrible attitudes”. 

Clay Loosen introduced Eric Warsinskey, new editor at the Watonga Republican.  Mr. Loosen  also mentioned that he was asking everyone to turn off their cell phones and any recording devices, because at the last meeting someone’s phone went off and it was disruptive.  He exempted Bobby Spencer (whose phone rang at the last meeting); and the Fire Chief Verlin Bills.

The City Council proceeded with approval of the Consent Agenda:  reports from each department in the councilpersons' packets were approved (Kendra Baker abstained). 

Dacia Phillips from the CPA firm RS Meachum & Assoc. gave her report on the city’s financials, which each City Council member had on hand.  She indicated that the report covered the month of July, the first month of the City’s new fiscal year.  She said that the City General budget was 24% when it should have been 8%, but that overage was because of adjustments made  in Blue Cross/Blue Shield premiums and because those expenditures had not been allocated to each department.  She indicated that she would have “better figures” next month.  Overall, the City operated at a loss of $99,192.00 for July. 

She then presented the financial report for Light and Water and indicated that revenues were not as high as last year because consumption was down this summer as compared to last summer.  The figures presented to the  Council also included some capital expenditures. No transfer of monies was made from L&W to General Fund in June, so these issues skewed the July numbers.  She reported a loss of $143,734 due to bookkeeping not being current. 

Dacia Phillips also reported on the Grant Fund, PWA, Sales Tax, and Street & Allen funds.  She indicated that use tax has stayed high compared to the prior fiscal year.  Financial reports were approved by the City Council. 

Motion was made to change the regular September City Council meeting from September 16 to September 17 because both Clay Loosen and Doyle Province will be out of town that day.  The motion was approved.  Hospital bids that were published to be due on September 17 will still be due but will not be acted on at the September 17 meeting.

Next on the agenda was a request to enter into a contract with American Municipal Services to collect past due court fines.  Harriette Nitzel said “we have a lot of them.”  Several city councilpersons questioned why these fines had not been collected or “why aren’t they in jail?”  Ms. Nitzel said that her office issues warrants and files for driver’s license suspension with DPS, but that there are still a lot of uncollected fines.  She said they would be collected by AMS at no cost to the City.  When questioned further, Ms. Nitzel indicated that information on the service and their fees  was in each councilperson’s packet; however, none of the councilmen had it.  She then passed a copy of information from AMS to Richard Hightower.  Ms. Nitzel  said that AMS’s fee is 35% of the fine, but that AMS adds that fee to the fine they collect so that it doesn’t come out of the City’s portion.  “We get the entire fine they collect” she said.  The council voted to approve entering into a contract with AMS (with no details of the contract being in the Motion).  Richard Hightower stated that his affirmative vote was in spite of not having the full information in front of the council, and asked that “this not happen again.”

Next on the agenda was a request by Verlin Bills for authority to apply for a grant in the amount of $150,000.00 to pay for a full-time firefighter for three years.  In the meeting, Mr. Bills said that the information given to the council “may not be correct” and that the grant would probably be for $100,000 for two years.  He said he wanted to have someone in place in the department by the time he retires in about two and a half years.  He indicated that the grant application is due by August 30.  Kendra Baker asked how much it will cost the City, but Mr. Bills said he did not know.  Gary Olsen said that it was possible that it may not cost the City anything.  Another council member stated that grants generally require about 10% of the grant amount to be paid by the City but he didn’t know what the details were for this particular grant.  On motion made by Gary Olsen and seconded by Brenda Curry,  Verlin Bills was authorized to proceed with the grant application. 

The council then voted to move into Executive session to discuss the lawsuit filed by Linda Barrett, and all persons other than council members, the City Clerk, and Debra Annette left the room.  Shortly thereafter, Dr. Spencer also left the council chamber.

[I did not return to the meeting after the Executive Session was completed.   Anyone can make a comment on my FB page (Linda Barrett) or by private message there.]

              

 

AUG 20, 2013

Today there are scheduled a couple of committee meetings of the City Council:
 
5:30 pm -- Building Committee, to discuss status of City Hall with the Fire Marshall
6:30 pm -- Park Committee to discuss the Golf Course. 

The regular City Council meeting is scheduled for 7:30 p.m.  The Agenda is posted on the door of the City Clerk's office, and is also now available to read on the City's website:  www.cityofwatonga.org .  An executive session will be held following the regular business of the Council.

 All meetings of the City Council and its committees, other than the Executive Session, are open to the public.  It is important that the public attend these meetings in order to know what our City government is doing.  "Democracy depends on an informed citizenry ..." writes Danah Boyd in a 2012 issue of the magazine Poynter.   [see my Facebook page for a link to the article.] If the public doesn't know what's going on with the government, they cannot address and deal with possible problems. 
/Linda Barrett

BLAINE COUNTY FREE FAIR SUBMISSIONS

ANYONE who has painted at Liquid ART event should consider submitting one of your pieces to the BLAINE COUNTY FREE FAIR!  It's FREE!  Take your art to the Foley building at the fairgrounds on Thurs. Aug. 22 between 4:00 - 6:30 p.m.  Check out the fair catalog for categories, but I know we've done a landscape and a still life and something with flowers!  This is an opportunity to support the County Fair and promote Liquid ART and the Phoenix Circle Foundation!

POST YOUR COMMENTS

I am new to this "blogging" business.  I see there is a space at the bottom of each post for comments, but have been told by readers that they can't leave a comment unless they have a "google account."  If you don't have a google account and want to comment, you can do so on my FB page, under "Linda Barrett".  You can comment publicly or by private message.  Thanks for reading!

GOOD JOB!!

This post is my personal opinion. 

Driving through town this morning after church, I saw that the City staff and residents have been busy this past week mowing yards, some that haven't been touched in over a year!  What a difference it makes in the overall look of Watonga.  GOOD JOB!  The efforts really show WATONGA PRIDE!!

The City Council agenda for this coming Tuesday, August 20, is still not published on the City's website, but is posted on the front door of City Hall.  On the agenda is an Executive Session to discuss the lawsuit filed against the City by Linda Barrett.  How the city deals with the suit is a matter for City Council to decide -- they can drag it on and fight it, resulting in the City Clerk's dirty laundry being aired in the public and at greater cost to the City in attorney's fees and deposition costs;  or they can be reasonable and settle the matter and put it behind us. 

Keep in mind also that settling this claim won't cost the City anything -- they carry liability insurance that will pay any settlement! 

If you communicate with your City Councilman, I would encourage you to express to him or her that the town doesn't want this hanging over its head for the next year or two. Our town is on an upward swing right now and it would be a shame to let this matter be a cloud over the progress the town is making.  It is not only in my best interest to resolve this matter quickly (I didn't want the matter to get this far in the first place), but in the best interest of the City.  /Linda Barrett

SATURDAY Aug. 17 - COUNTY FAIR COMING UP

The BLAINE COUNTY FREE FAIR is next weekend, Aug. 22, 23, & 24 at the Blaine County Fairgrounds.  In addition to the agriculture and husbandry categories, there are categories for ART and PHOTOGRAPHY,  FABRIC ARTS (needlework, sewing projects, quilts), all kinds of HOBBIES, CERAMICS AND CRAFTS,  BAKING and FOOD PRESERVATION, SCIENCE & TECHNOLOGY, and GROUP PROJECTS.  Information about the categories and registration can be found in the fair catalog available around town.  ANYONE WHO HAS PARTICIPATED IN THE LIQUID ART evenings should enter one of their paintings!!!!!

The City Council agenda has not been published on the City's website, but I will publish that information here as soon as I can get it. 

The School Bond issue for repairs and new building projects did not pass in this past week's election, as most of you know.  It failed by a very small margin. The transportation bond issue DID pass. 

In this week's WATONGA REPUBLICAN is an article on page A4 about the Swaim sisters performing at the Grand Ole Opry.  The Cheese Festival Committee is pleased to announce that their group, called THREE-FOLD CHORD, will perform at this year's festival on Saturday, Oct. 12.  They have sung at the Watonga Methodist Church on several occasions and are a real treat to hear.

This past week, Dee Blose, director of Youth & Family Services in El Reno, was surprised and honored at a dinner at Cattleman's Steakhouse for her 20 years of service.  YFS runs "The Spot" in Watonga, where youth are provided a safe place to go and receive food and living skills training.

"The Spot" began in the summer of 2010 as part of the Oklahoma Bridge to Independence Living program.  It acts as a recreational meeting place for the youth of Watonga and the surrounding areas. Programs highlight overall health and wellness for youth and transition to adulthood. The youth came up with the idea of calling themselves The Spotters from the concept of "spotting" someone while they are lifting weights.  A resource room is equipped with computers for educational opportunities and tutoring. The Spot is equipped with a fitness room and a full kitchen and dinning area, as well as a washer and dryer for laundry. There are also a foosball table, pool table and air hockey table.

The youth from the Spot just completed the second "Transition Academy", where they learned living and job-hunting skills and then put those skills into practice while working for local businesses.  People in the community are supporting the program by offering their talents to provide special workshops, to provide entertainment, or to teach and cook meals with the youth.  Anyone can get more information about the Spot by calling 623-7796.  Check them out on Facebook at "The Spot Watonga". 

KARAOKE at Cheese & Wine Festival

 

 

NEW THIS YEAR AT THE CHEESE & WINE FESTIVAL:  Saturday, October 11, 2013 starting at 4:00 p.m. on the Devon Energy Stage (Centennial Park).   The most fun you can have legally!   Singles and groups can try their hand at singing!  (No children under age 12).   Watch for more information to come.......

RAT RACE

The WATONGA CHEESE & WINE FESTIVAL will be held from 9 a.m. to 8: p.m. on October 11 and 9 a.m. to 6 p.m. on Saturday, October 12, 2013. TELL YOUR FRIENDS from all over Oklahoma and beyond to come enjoy the festivities!! 

Returning to the Watonga Cheese & Wine Festival this year is the RAT RACE for runners, and the Fourth Annual RACE THE RAIL for bicyclists.  CORNERSTONE BANK is once again sponsoring the Rat Race.  Entry fees include a T-shirt.  The race includes a 1 mile fun run, a 5K and a 10K run.  Entry forms are available at www.watongacheesefestival.com under "Rat Race".  The Cheese Festival Committee thanks Cornerstone Bank for its continued support!

The popular RACE THE RAIL is a 32-mile bicycle race against the AT&L Railroad, from Watonga to Gear and back.  Registration and more information can be found at www.racetherail.com.  This event has grown in attendance every year. 

The two-day festival features many activities for the entire family:  live entertainment, crafts, a juried art show, fiber arts show and exhibition, quilt show,amusements for the kids,  and of course, an assortment of foods from traditional funnel cakes to Indian tacos and more!!  COME JOIN THE FUN.

COMING UP -- WATONGA CHEESE & WINE FESTIVAL

Over the past few years, Oklahoma wine has grown from a few small vineyards into a blossoming industry.  This year's newly-named WATONGA CHEESE & WINE FESTIVAL will host the first statewide wine competition, featuring an esteemed panel of judges from throughout Oklahoma.  Andy Barrett, Cheese Festival chairman, and Brad Stinson, owner of Whirlwind Winery in Watonga, recently appeared on KSBI Channel 52 TV to promote the event. 

Judges for the event include Clayton Bahr, Premium Wines representative and host of Oklahoma's only wine radio show;  Amie Hendrickson, general manager and sommelier at Edmond Wine Shop; Greg Horton, food writer for the Oklahoma Gazette; and Williams McGlynn, Ph.D., horticultural products processing specialist at OSU.  The event has garnered the support of the Oklahoma Grape Industry Council (OGIC), an organization made up of members from professional wineries and vineyards throughout Oklahoma. 

Wines entered in the competition will be judged by class and division.  The top entries will be awarded medals.  This year's Festival will also feature a People's Pairing in which the general public can vote for its favorite wine.  Interested winemakers can find an entry form at www.watongacheesefestival.com.

In addition to the new wine competition, the two-day Festival features live entertainment, crafts, an art show, quilt show, and many other  family-friendly activities.  More information on the Festival will appear on this blog in the following weeks. 

 

Lawsuit against the City of Watonga

Aug. 14, 2012 
I just read in the Watonga Republican that my lawsuit against the City arising out of my employment and subsequent dismissal has been filed.  The matter is now public record and the Petition can be read at the office of the County Court Clerk in Watonga. 
A summary of the claim is as follows:

When Plaintiff [Linda Barrett] was hired on or about May 16, 2011, Defendant’s representatives were aware that Plaintiff suffered from cardiomyopathy (damage to her heart), but the condition did not affect the performance of her duties for which she was hired. It was only after months of threats, bullying and intimidation by her supervisor, that Plaintiff began suffering from hypertension and sought medical care.

Plaintiff received threats and endured a hostile work environment caused by the actions of Defendant’s public officials because Plaintiff questioned possibly illegal and/or unethical acts by those officials.

These observed and reported acts included discrimination against members of the public, violations of open meetings laws, violation of HIPPA laws, violation of Oklahoma Open Records Act, misuse of City resources, failure to make required reports to state agencies, falsification of records, and other violations of Oklahoma law.

. . . . .
Plaintiff sought medical care for the condition she suffered as a result of the threats, bullying and intimidation by her supervisor and was advised by her physician to take time off from work to recover. Upon her return to work, Plaintiff sought to obtain the necessary Worker’s Compensation forms to file her claim for payment of medical expenses incurred, but was denied access to them by her supervisor. Other City employees were timely given the proper worker's compensation forms to complete, when requested, but Plaintiff was not given any such forms when she requested them.

{The following are editorial notes:   

 

Workman's Compensation Code provides:

If accidentally injured or affected by cumulative trauma or an occupational disease arising out of and in the course of employment, however slight  [emphasis added], the

employee should notify the employer immediately. . .  Unless notice is given to the employer or medical treatment is rendered within thirty (30) days of injury, any claim for compensation may be forever barred.

If accidentally injured or affected by cumulative trauma or an occupational disease, the employee may file a claim for compensation with the Workers' Compensation Court. Forms to file a compensation claim should be furnished by this employer  . . .[emphasis added] . 

 

 

An employee is required to give notice to an employer of any injury 

[emphasis added].

.....

The City of Watonga employee handbook states: "Any employee injured on the job shall report the injury immediately to his supervisor.  Failure to report such injury might result in a denial of benefits available to you under the Oklahoma Workers; Compensation Act."

The OMAG paperwork tells the employer:  "... the employer must report all injuries...it is best to let your CBR adjuster determine compensability of the claim." [emphasis added] . . . . .

 

Ms. Nitzel arbitrarily decided that Plaintiff's injury was not a "compensable injury" and refused to provide the necessary documents to file a claim or refer Plaintiff to a physician.  

END OF EDITORIAL NOTES.

Plaintiff sustained an on-the-job injury that arose out of and in the course and scope of her employment with Defendant.

Plaintiff informed her supervisor of the injury.
Plaintiff obtained medical treatment for her on-the-job injury and thereafter caused to be instituted a proceeding under the Workers’ Compensation Act.

After Plaintiff filed her worker's compensation notice, she was given a "warning" letter by her supervisor setting forth a list of actions the supervisor wanted Plaintiff to "improve on". The letter

was in retaliation for Plaintiff’s workers compensation filing and/or her whistleblower activities, and had no basis in fact, but was designed to permit a pretextual firing of Plaintiff.

In retaliation for asserting her statutory rights under Oklahoma’s Workers Compensation law, Plaintiff was discharged from her employment with the Defendant on or about May 15, 2012. At that time, Defendant refused to pay to Plaintiff her earned vacation pay.

 

Further, Plaintiff was discharged because she witnessed unethical and possibly illegal activities on the part of the City Clerk and the Mayor and reported to City Council members about those matters. Plaintiff was dismissed in retaliation for "whistleblower" actions because she witnessed and reported illegal and unethical acts by Defendant’s representatives and public officials.

Further, Plaintiff was discriminated and/ or retaliated against on the basis of a disability.

Plaintiff was dismissed from her employment because of a medical condition (hypertension) brought on by the willful and illegal acts of Defendant’s representatives in causing a hostile work environment.

FIRST CLAIM FOR RELIEF

(RETALIATORY DISCHARGE IN VIOLATION OF 85 O.S. §§ 5 &  341)prohibiting an employer from discharging an employee because she suffered a work-related injury, instituted a proceeding, retained an attorney for representation or filed a claim under the Workers’ Compensation Act . . . .

Defendant terminated Plaintiff because of one or more of these considerations.

The aforementioned termination was in direct violation of 85 O.S. §§ 5 and/or 341. The events described herein constitute a clear, substantial, and egregious violation of 85 O.S. §§ 5 and/or 341, as Plaintiff was terminated for exercising her rights under Title 85 of the Oklahoma Statutes.

As a direct and proximate result of Defendant’ willful violation of 85 O.S. §§ 5 and/or 341,Plaintiff has suffered, and continues to suffer, loss of income, emotional distress, medical expenses and other compensatory losses....

Pursuant to 85 O.S. §§ 6 and/or 341, Plaintiff is also entitled to punitive damages; and to reinstatement to a comparable position with Defendant, or to front pay in lieu of reinstatement if there is evidence of continuing hostility.

SECOND CLAIM FOR RELIEF

(STATE LAW OKLAHOMA ANTI-DISCRIMINATION ACT CLAIM)--

Oklahoma law prohibits disability discrimination and retaliation in the workplace (as set forth in the OADA, 25 O.S. § 1302, et. seq

 Plaintiff was, maliciously and in reckless disregard of her rights, discriminated against in her employment by Defendant on the basis of her disability and/or handicap, or in the alternative on the basis of her perceived disability and/or handicap or her record of having said disability.

Defendant ratified the acts of its agents and employees by failing to take remedial action upon notice by Plaintiff of the circumstances or by allowing the acts to occur after receiving

actual or constructive notice of those acts.

The conduct complained of constitutes illegal discrimination and retaliation in violation of the OADA, 25 O.S. § 1302, et. seq.

THIRD CLAIM FOR RELIEF

(OKLAHOMA STATE LAW BURK TORT CLAIM) -- Oklahoma public policy prohibits discrimination and retaliation in the workplace against whistleblowers who report violations of state law, and Oklahoma common law permits an aggrieved employee to bring a claim against an employer for permitting such discrimination and retaliation.

Plaintiff was discriminated against due to whistleblower activity and retaliated against during her employment as prohibited by Oklahoma Public Policy.

Defendant ratified the acts of its agents and employees by failing to take remedial action upon notice by Plaintiff of the circumstances or by allowing the acts to occur after receiving

actual or constructive notice of those acts.

The conduct complained of constitutes illegal discrimination and retaliation in violation of Oklahoma Public Policy, and gives rise to a tort claim under Oklahoma common law.

JURY TRIAL REQUESTED

{NOTE:  The City Clerk, Mayor, City Council, City Attorney and the City's liability insurance carrier OMAG has had notice of this claim since November 2012 and has made no response. It is unfortunate that the matter has had to become public. /Linda

 

VOTE tomorrow!

Whatever your feelings are on the school bond issue, PLEASE VOTE tomorrow. 

 

 

Notes of August 6, 2013 City Council meeting  --  this is a record of the meeting as recorded by me.  It may not be all inclusive -- I can only write so fast!   My personal commentary, if any, are in [brackets].   The minutes prepared by the City Clerk's are a brief summary of the meeting, intended to be a record of votes and actions taken.   The meeting is tape recorded by Harriette Nitzel and the records are public and should be available to anyone who wants to listen to the recordings.

[I wasn’t present at this meeting until 8:00 p.m.] 

Present were Mayor Clay Loosen, City Councilpersons: Edna Justice, Brent Wilkinson, Gary Olsen, Brenda Curry, Doyle Province,  Bobby Spencer, and Richard Hightower; Kendra Baker was absent. Also present were Harriette Nitzel, Debbie from Dan Webber’s office; Doreen Flaming, Terry Crawford, Robert Daugherty, Marvin Schweigert,  Warren Rice, Verlin Bills, Noelle Denucci,  Neisha Newsom, Bobby Stitt, Robbie Pearson,  Linda Barrett,  Andy Barrett,  J.T. Walker and Tracy Walker,  and Jennifer Rogers from OMPA.

Items on the Agenda were:

1.       Approval of minutes of the last regular City Council and monthly claims.

2.       Consideration, discussion and action to open and award bid for Street Overlay Projects on Prouty St. to Norwood Street west, Laing Street west on 7^th St., and Laing Street east on A street.

3.       Consideration, discussion and action with regards to the Library Committee’s recommendation for the Circulation Desk for the library.  The Library committee met on Aug. 31 to review and discuss the bid received for the project, as it did not seem to be complete.

4.       Consideration, discussion and action with regard to a fee schedule for Residential and Commercial Permits as recommended by the committee, for Building Permit, Electric Permit, Plumbing Permit, Gas Inspection Permit, Mechanical Permit, and Lawn Sprinkler permit.  This committee met last week.

5.       Consideration, discussion and action per Committee recommendation to appoint and set a fee for someone to fill in as building inspector when Mark Huff, building inspector, is unable to complete the inspection. 

6.       Consideration, discussion and action to reappoint Mike Aylward as Local Agent Representative for OMAG.  The city obtains its liability and property insurance through OMAG.

7.        Consideration, discussion and action to allow Marvin Schweigert to purchase a Sanitation truck in the amount of $150,756.00.  There is money in the Sales Tax account for this.

8.       Consideration, discussion and action to declare property at 510 N. Weigle a public nuisance.  Robert said there has been no response to letters sent.   The owner is in a nursing home, but the property is rented.  Bobby asked “who is the rent going to?” This item passed after some discussion.   WHAT IS NEXT STEP?   

9.       OLD BUSINESS.  Clay Loosen presented an update on building a swimming pool in Watonga.  He has a schematic of the area where a proposed pool could be built, near the splash pad.   He said Blaine Reed did a study and he talked to several other communities with pools.  His recommendation was for an “amateur competition pool” with 8 lanes, 25 yards in length, depth of 4’ to 6’.  Including restrooms, changing rooms, mechanical, storage, fencing, decking, lighting, sewer, and water lines, the cost was estimated to be $994,068.00.  After checking with other communities with pools, Clay reported  that annual maintenance and upkeep expenses (insurance, staff, chemicals, electricity, etc.) would be estimated at $113,000.00.  There was no further discussion.

 Clay addressed rumors he’s heard that the City is going to spend $50,000.00 on the armory to put in some living spaces for  ambulance staff.  He definitively said “NO”, the cost of the proposed project is not $50,000.00, the City is NOT going to spend $50,000 on the armory.  Arlen Newman is working on getting specs to Clay. 

 10.   Council Comments: 

Bobby  Spencer noted that Ernie Earnest, the airport manager, had lost his fight with cancer and passed away today.  Condolences were expressed.

 Richard Hightower addressed the issue of Code Enforcement.  Complimenting  the efforts of Robert Daugherty, Mr. Hightower said it’s “not working”.   He commented that he himself has driven north from Main St. to 11^th and observed at lease 109 code violations, some properties having more than one code violation [not only weeds and grass, but also cars in the yards, dilapidated buildings, unsafe buildings caving in, etc.] Wikoff is the worst street, in his opinion, where he saw three houses in a row that are so overgrown one cannot see the houses, and the houses themselves are falling down and not secure.  There is no way Robert Daugherty can keep up.  The job is too big for a part-time code enforcer, and especially one who has a full-time job (assistant fire chief) on top of the Code enforcer duties.  He expressed the opinion that the City needs to have a full-time code enforcer, or possibly even a second part-time code enforcer, at least until we get somewhat caught up on the problem.  The yard violations are on-going, and the Code Enforcer and City staff deal with those types of violations before they deal with dilapidated buildings and safety issues, so the dilapidated buildings don’t get addressed as they should.   Robert said that he should be able to address the code violations other than grass and weeds in about 3-4 months, after the summer “rush”. Mr. Hightower said he would speak at every Council meeting until something is done.  He acknowledged that we have adequate ordinances, but those ordinances need to be enforced.  Action needs to be taken, not excuses made.  Edna asked “have we issued any fines?”  and Robert replied “No”.  He hasn’t done anything other than send out letters, and if the letter is returned unclaimed, he doesn’t know how to let give the property owner notice.   Linda Barrett commented that  "a Notice can be posted on the door of the house" per City Code.  Doyle Province suggested posting the notice on a stake on the corner of the property.  There was discussion of the City police chief helping by giving citations.  Doyle Province, as in the last meeting, again suggested that the city send a couple of  employees to get Code Inspector certification through Oklahoma Municipal League.  He thought the September class was full, but there is another class in February. 

 

Doyle asked Verlin if he has done anything as primary safety officer.  Verlin replied that he isn’t certified as a Code Enforcer.  He can do safety inspections but not code enforcement, in his opinion.   Brent Wilkinson mentioned that there was an article in the recent Kingfisher newspaper about their Code Enforcement. They have hired a new code enforcer, and the Council members nodded in agreement to the comment that the new Kingfisher code enforcer could be a good resource for Robert Daugherty, that Robert could find out what process the Kingfisher Code Enforcer goes by.  Bobby Spencer commented that he saw a report that Oklahoma City had 24000 complaints last year.   All cities and town have properties with Code violations, but they are also doing something about it.  He asked Robert  Daugherty “how many years would it take for us to catch up”, even with a full-time person.   Dr. Spencer also said that he wasn’t criticizing Robert Daugherty, but that we have to realize that the job is just too big for a part-time person to keep up.  We might want to consider a full-time code enforcer until we get the situation under control, then go to a part-time person.   Bobby Spencer commented, and there were several people who agreed, that the situation will probably improve once fines are issued and “we hit them in their pocket books.”  

Can we bid out the jobs of removing property?  Marvin Schweigert said he is not in favor of that.  He said it would cost between $1,000 and $5,000 and there would be a problem with the contractor not leaving the property in a condition that could be mowed by the city after demolition.  [That could be resolved by a provision in any contract, providing that the contractor doesn’t get paid unless the property is left in a condition that can be mowed.] 

Doyle said the code enforcement efforts  need to be” taken  up a notch”. 

The question was asked whether or not a civilian could get certified and act as a code enforcer, or does it have to be an employee of the City.  Doyle suggested that a civilian can get certified and the City can enter into a contract with that person if that person is not an employee of the City.   Edna asked “who does health inspections”, and Verlin replied that “Fred [Teply] does them.”  There was discussion that the City contract with someone from another community, like Geary, who is already a certified code enforcer.  Everyone seemed to be in agreement with that as a solution.  Dr. Spencer said he would contact Gene Pflughoft at CORD to see if Geary might be interested  in sharing a code enforcer.   No decision or action was taken about Code enforcement because it was not an action item on the agenda. 

 On the Public Works Authority agenda was a representative from OMPA, from whom the City gets electrical power, with an update on utilities.   A report of her presentation with some interesting information for residents, along with the discussion of Hospital repairs, will be in my next Post.    

 

 

 

 

City Council meeting Aug. 6

Cleaning up the town is still at the top of the list of items discussed at City Council meeting, but in the words of Richard Hightower, "we aren't doing enough".  Council talks about solutions but isn't holding anyone accountable, and won't take the necessary steps to get the job done.  The duties of Code Enforcer have been put on the shoulders of the assistant Fire Chief Robert Daugherty, in addition to his main job as firefighter.  The citizens of Watonga have pushed for a full-time Code Enforcer, but Mayor Clay Loosen chose instead to add the duties to an existing employee.  It has now been several months and it is evident to all that Code Enforcement can't be done by a part-time person who has other full-time duties that take priority.  Last night's discussion at City Council centered on what we can do next. The issue of condemning dilapidated buildings that are unsafe and then tearing them down has been a problem for at least a couple of years, with the Street Commissioner saying there isn't money to take the buildings down, but the City didn't include any funds in this year or last year's budget for demolition of buildings.  Even though our City employees don't have time to do the work, the City refuses to contract out the jobs.  Many citizens are frustrated by the lack of action, even though the Mayor and Mr. Daugherty say they are "doing the best they can." 

In the July 24 issue of the Republican, there were pictures of several buildings that the City Clerk said "City Council voted to tear down."  Yes, City Council voted to tear down those buildings back in August 2012 and January 2013. But they are still standing and are a blight on our community. 

I'll transcribe the actual minutes of the City Council meeting on another post.  I've asked the City Clerk for clarification on a couple of matters and am awaiting her response.  Until then, keep asking questions!


 
    

THIS POST is not news, but my personal perspective. 

I never got an answer to my request to the City Clerk for the names of the members of the Police Committee and the Special Ordinance Committee that met that Thursday.  Another reason why she is not fit to be City Clerk:  she picks and chooses what rules she needs to follow, including the Open Records laws of the State.  Oh well. 

The City Treasurer has been complaining about all the money the City is spending, and blaming City Council for voting FOR things like the Police raises and the landscape project at the hospital (oh, my mistake, that was a project he DID want).  There is a time to be conservative and there is a time to spend money to maintain the status quo.  The City has gone too long without spending the money to maintain equipment and property and give regular raises to employees, and now that it is a MUST it is costing more!  They haven't learned the lesson from the hospital fiasco and now the cost of bringing the schools up to par.  The City budgets don't include a line item for contingencies, to replace unfixable or obsolete equipment.  One reason the City is "over budget" is because they don't allow for contingencies and there have been expenses that weren't anticipated and budgeted for.   These are grounds for hiring a City Manager, someone who knows how to budget and manage people.

Question:   Are new police officers provided a gun by the City when they are hired?  I have been told by two different police officers in Watonga that they are.  So, does the officer then have to turn in his gun when he quits?  If anyone knows the answer to this second question, I would appreciate an answer.  You can email me at bar00legal@yahoo.com anytime. 

Thanks for letting me vent a little.
 

 

This week there is scheduled at City Hall a meeting of the Police Committee and a meeting of the Special Ordinance Committee, both on Thursday afternoon. The Police Committee meeting is at 4:30, to discuss hiring of two police officers.   It will be interesting to see if the City rehires David Robertson, who was on the Watonga Police force until sometime last year (2012).  Under the new pay schedule, he will get an extra $200.00 per year bonus for years of experience plus the hourly raise the City Council voted.

The Ordinance committee meeting, scheduled for 6:30, is to discuss drilling water wells for domestic use.  On Wednesday I called the City Clerk's office to ask who was on the Special Ordinance committee but was told "Harriette isn't here, you'll have to call back."  So I sent an email asking for the information but have not gotten a response.  Anyone interested in the actions of the City Council committees should attend the meetings because they generally are not covered by the newspaper.

The next full City Council meeting is Tuesday, Aug. 6.  The recommendation of both of these committees will probably be on the Aug. 6 agenda.  Sometimes the Agendas are posted in advance on the City's website:  www.cityofwatonga.org.  Otherwise, they are posted on the door of the City Clerk's office by 4:00 p.m. on Friday.