We Report - You Decide... by Kathy McIntyreOn June 9, 2010, a complaint was filed in the United States District Court for the District in Colorado against the City of Commerce City, Gerald M. Flannery, Paul Natale, Heather Olson, and Tom Acre by former Commerce City Economic Development Director Stephanie Salazar. Paul Natale is the Mayor of Commerce City, Tom Acre is one of the Deputy City Managers, and Heather Olson is the Human Resources Director.
The complaint alleges the following: “That City Manager Gerald Flannery in a discussion with Salazar expressed surprise that Salazar had employed a Navajo female. Flannery explained that when he was a Deputy County Manager for Coconino County, Arizona he worked with several Navajos. Flannery indicated that Navajos are lazy and that keeping up clean appearances was not a priority for Navajo people. Flannery expressed surprise that the Navajo female took the initiative to apply for the position.”
It further alleges that, “The City of Commerce City has customs and practice of discrimination and derogatory comments and retaliatory behavior.”
Two other employees have filed complaints that were both settled by the City of Commerce City, both since Gerald Flannery was hired as City Manager.
In the first discrimination complaint filed by Leonard Lucero on November 1, 2007, the city paid $77,500.00. In the second discrimination complaint filed by Patricia Greer on May 7, 2008, the city paid $125,000.00. Both demonstrate that there exists a widespread practice by city officials, particularly those with final policy making authority, to discriminate and retaliate against minorities and women.
These allegations violate Title VII of the Civil Rights Act. Penalties can include loss of federal funding.
City Manager Gerald Flannery has been the subject of recent investigative reports by Channel 9 News, Channel 12, the Gateway News, Westword, the Denver Post, the Brighton Blade and the Commerce City Sentinel Express for the deal he was given which included a $450,000 house in Reunion that he has never paid the taxpayers back for and a questionable $72,000 cash payment for alleged “relocation expenses”.
For Full Salazar Lawsuit CLICK HERE
81 comments:
So is it the plan of the city to settle this one out of court too?
If true, this is very sad.
I hope it can go thru the process and not just paid away as the other ones were.
I agree, I would like to see this one actually go to court. Justice needs to be served.
this is more serious then DEAL BREAKER.
But I guess I have to ask, did you, the gateway ask for comment from city?
Yes, we asked for comments from the city and council.
So far these are just allegations. I would like to see everyone not convict and judge just yet.
yeah PRO CITY they are just allegations, but they are damn serious ones.
I would feel a lot better if city made some kind of a statement saying this is not true or this was taking out of context. SOMETHING!
Makes me feel sick to my stomach.
I wonder if all of the people assuming these allegations are true, would like to be on the other side.
Anyone can sue, doesn't mean it happened.
Let the cards fall as they may and the truth come out, but dont convict anyone, because "someone" files.
The Gateway has been sued several times, should we all assume that all of those complaints were real?
So what the lawsuit says about the city managers words are not true?
Were their other people that heard these statements by flannery? If so, are they afraid for their job if they come forward?
At least this scandal is easier then deal breaker!
I would have to think Commerce City would have to do anything to settle this one out of court as they did with the other two.
Then they can say it "never went to court"
watch for the "no communication council" to be silent on this one.
WAY TO HOT for anyone to make a public comment.
the allegations are unsettling, BUT Commerce City is going to have to SETTLE this one out of court.
Should be interesting on the dollar amount.
yes I also think they would have to settle out of court. That would be the best way to brush it under the rug.
Then they can say it never went to court.
too risky to take to trial.
so we got 72 grand in mystery relocation expenses, $77,500.00 to one guy, $125,000.00 to another guy.
thats a lot, thank god for those Suncor tax dollars.
I say go to trial
Let all the facts come out.
Bits and pieces aren't enough and doubtful the real story!
Is it fair to say that both lawsuits filed & settled were due to Flannery.
I have heard differently and feel that the inference to such as potentially libel.
If you do not have all of the facts than determining who is at fault(if fault is there) is merely speculation.
It is well understood of course that the Gateway will print anything they believe to be negative about this staff, especially the Manager & assistant mngrs.
Some may buy all of the bull, but others want more than inuendos.
These allegations are very disturbing to me. It reaffirms that we have the wrong person as city manager.
I would think this would be out of charter for a city manager.
City needs to prove this in court. Such as specific examples that would be to the contrary.
Very interesting.
What will really hurt or help the case is who else would be on a witness list to what they did or more importantly did not hear.
Can't wait to see it in the court room.
Commerce City Response to Salazar Lawsuit...
Gateway News: Could anyone confirm or deny that the city manager Flannery made the statements that are alleged in the Salazar lawsuit about Navajo Indians?
Commerce City Deputy City Manager Neelan:: Dear Kathy,
Thank you for asking the City to comment on the lawsuit recently filed by Ms. Salazar.
As this is pending litigation, the City has no comment at this time. We are, however, confident that when the facts are presented, the City and its accused representatives will be fully vindicated.
We ask the public to be patient and wait for the facts to be disclosed before forming an opinion or accepting any allegations as fact.
Sincerely,
Nanette Neelan
Deputy City Manager
Honeymoon Is Over
On May 29, 2007, Gerald Flannery had his job interview with Commerce City Council. One of the questions in this interview was: Q #13 Describe your expertise and outcomes working with diverse racial and ethnic groups. Flannery's answer: "I have worked with these cultures much the same way I work with employees with respect. .....working with the Navajo Nation on a myriad of issues that we share in common."
Recently, Commerce City has settled, out of court, with two former employees and made payments of $102, 563.14 to Patricia Greer and $77,500.00 to Leonard Lucero. An Attorney representing Economic Development Director, Stephanie Salazar in this law suit against the city which involves her hiring a Navajo city employee and comments that City Manager, Jerry Flannery made about said employee. "Flannery expressed surprise that Salazar had employed a Navajo female. Flannery indicated that Navajos are lazy and that keeping up clean appearances was not a priority for Navajo people. Flannery expressed surprise that the Navajo female took the initiative to apply for the position." This would bring the cost to taxpayers under the City Manager to $702,063.14 which includes: Relocation payment, Reunion house and two settlement payments.
The honeymoon is indeed over with City Manager, Flannery.
I would like the city to take this to court and not just settle it like they have done in the past.
I would also like to see the other 2 cases to see what they were complaining about.
I hope the city can come up with a better defense for the accused then the "truth test" they did for deal breaker.
If the city was right in its decisions to get rid of the other two employees why did they settle out of court. I would dismiss this if it happened once, but not I learn their is 2 already settled and a third is heading to court.
I would like the city to take this to court and let the cards fall where they may.
It is what it is, let see justice be performed.
Throwing money at problems will not solve anything in the long run.
I had heard the Lucero thing was about the previous staff?
Heard about this the old fashion way, word by mouth. Not twitter or some blog. This is going to get ugly, I would say you are going to have to re-create what happened to see if this is even valid. They are going to have to prove this even happened and that means other people talking.
Or you could just settle out of court. Either way I am sure emotions are running at an all time high.
Key word in "Allegations"
an assertion made by a party in a legal proceeding, which the party then undertakes to prove.
an assertion made with little or no proof.
I was just thinking, I wonder if this has anything at all to do with the American Indian art taken out of city hall in the past?????????
I dont get it, if the accused acted as themselves, why do we the taxpayers have to pay for their defense.
None the less, Commerce City better be taking this to court and not settling!
IN RESPONSE TO THESE ALLEGATIONS DOING ANYTHING WITH THE AMERICAN ART PIECE THAT WAS IN CITY HALL.
THERE IS ABSOLUTELY NO CONNECTION AT ALL!
THE AMERICAN ART PIECE IN CITY HALL WAS A SAFETY ISSUE.
NOTHING MORE THEN A SAFETY ISSUE!
THANK YOU.
The Gateway News always posts the original documents they receive from the city or courts or other sources on this website. So what the Gateway News says is all true. I would personally challenge the blogger who said that the Gateway News prints something other than the truth. Please give just one specific example of where the Gateway News has not printed the truth. If you can't do that, retract what you said. I think the real problem is that the real honest truth hurts and you don't want to hear it, but the real truth is the only way we can make true progress in our city. Stop all the attempted coverups. The Gateway always finds out anyway sooner or later.
The safety issue was a made up reason.
All in all having Jerry Flannery as the city manager will cost the city about $1,000,000 (house, salary, relocation benefits, lawsuits). Let's recap what we have gotten for that. North - a sonic, a conoco, a 7-11, and promises. For that kind of money we could have had Mike Rock, who brought real shopping centers and retail to Loveland and then to Lakewood. What about it council??
Reference the reporter on channel 9
She has an interesting story that mentions her in the Westward yesterday ( as well as being mentioned another westword article, about not telling all the facts)
The real interesting part is her belonging to the sex club Scarlet Ranch and its dating site LifestyleLounge.com "an erotic adult dating website".
What is the role of mayor and council with this situation? Although the focus has been on Flannery- he works at the pleasure of council. Mayor and Council- step up and take ownership and responsibility for this!!!!!!!!!!!
I bet this guy wish he never took this job. Coming to Commerce City has screwed his future career. He took money for a "loss" that truly was a gain which shows a lack of integrity. The things people sacrifice for a few dollars. His wife and family has to be embarrassed...Commerce City will never attract any quality people so the north better form its own city now if they want to advance.
The Mike Rock comment is so funny.
People see and remember what they want.
Mike Rock was paying for his speed boat gas on the city dime as well as other questionable things.
Someone else is always better than what you have. Thats why so many divorce!!
Jerry brought the sonic 7-11 and conoco.... not really
what about the promise of other business and growth... like the walmart that was supposed to go verticle last month.... not really his doing either.
previous city managers progress with development paved the way for these things and were in discussion long before Jerry started taking cash perks from Natale.
real guy running the show here? Natale. Smart enough to hire someone that has no reservations about doing what he is told and lock him into doing so by giving him excessive contracts with a massive house, bonuses, 72000 gift, free golf, and who knows what other perks......
Now these two have expanded our government to 3 assistant city managers and a team of consultants... the cost of this guy and natale teaming up will be well in excess of 1M by the time you add all this up and the time and money it takes to repair the city, settle all the court cases, and give severance packages to 3 un-needed assistance city managers
Jerry took the deal but dont forget who gave it to him and think about their motives as well
Current council including those that voted for and against the deal (they all voted for it at some point in one form or another) needs to step up and do whats right NOW before this gets any further out of control
Wow! Both Channel 7 and Channel are covering this story! If I were council, I would say "enough is enough" too! The citizens are mad.
This case needs to go to court and NOT settled out. We need to know if our "manager" has a major flaw or not.
I would love for the council to compare Salazar accomplishments to any of the other ED directors.
And where the hell is walmart? I am too one of the many who heard it was suppose to being going vertical in mid June.
The Mike Rock comment is sadly funny. Yes he was filling up his boat at the city gas station- but he brought millions in sales tax. And he set up Lovelandand Lakewood so they are continuing to grow and develop. I would give Flannery the benefit of the doubt but three years later, there have been no changes. In fact, the ethics of the city are much worse. And the Natale comment is right on- he has someone (Flannery) to do his bidding. The native american statue in city hall could have been moved and made safe. But Natale was vocal about his dislike about it. So it went out under a 'safety' reason. Then you have the assistant city manager (Acre) that cost the city a million bucks and probation with Great Outdoors Colorado because of his mismanagement of the state funds. Perfect threesome- all alike in their ethics and honesty.
Channel 7 ran the story on July 2
The Mike Rock comment is sadly funny. Yes he was filling up his boat at the city gas station- but he brought millions in sales tax. And he set up Lovelandand Lakewood so they are continuing to grow and develop. I would give Flannery the benefit of the doubt but three years later, there have been no changes. In fact, the ethics of the city are much worse. And the Natale comment is right on- he has someone (Flannery) to do his bidding. The native american statue in city hall could have been moved and made safe. But Natale was vocal about his dislike about it. So it went out under a 'safety' reason. Then you have the assistant city manager (Acre) that cost the city a million bucks and probation with Great Outdoors Colorado because of his mismanagement of the state funds. Perfect threesome- all alike in their ethics and honesty.
Your allegations and comments about Lakewood city manager are really the top joke.
Mike Rock hasn't done anything since the recession, so singing his praises about building during the boom means nothing.
Your allegations about the city staff is just that. It is wonderful that people have this outlet to make accusations about others, hope it saves you money & time with your schrink!
If you have better ideas run in 2011.
Then you can take the blame when things don't go as "someone" "anyone" wishes.
If you do your damned, if you don't your damned.
Not one of you has any "balls" but hide in the shadows
Jerry brought the sonic 7-11 and conoco.... not really
what about the promise of other business and growth... like the walmart that was supposed to go verticle last month.... not really his doing either.
previous city managers progress with development paved the way for these things and were in discussion long before Jerry started taking cash perks from Natale.
real guy running the show here? Natale. Smart enough to hire someone that has no reservations about doing what he is told and lock him into doing so by giving him excessive contracts with a massive house, bonuses, 72000 gift, free golf, and who knows what other perks......
Now these two have expanded our government to 3 assistant city managers and a team of consultants... the cost of this guy and natale teaming up will be well in excess of 1M by the time you add all this up and the time and money it takes to repair the city, settle all the court cases, and give severance packages to 3 un-needed assistance city managers
Jerry took the deal but dont forget who gave it to him and think about their motives as well
Current council including those that voted for and against the deal (they all voted for it at some point in one form or another) needs to step up and do whats right NOW before this gets any further out of control
Wow! Both Channel 7 and Channel 9 are covering this story! If I were council, I would say "enough is enough" too! The citizens are mad.
The Mike Rock comment is so funny.
People see and remember what they want.
Mike Rock was paying for his speed boat gas on the city dime as well as other questionable things.
Someone else is always better than what you have. Thats why so many divorce!!
I guess being a politician is all fun until you get caught giving away toms of money to your "friend manager" and he allegedly makes some bad comments.
That sucks, maybe we should all think before running in 2011
I guess being a politician is all fun until you get caught giving away tons of money to your "friend manager" and he allegedly makes some bad comments.
That sucks, maybe we should all think before running in 2011
What is this about deputy city manager Acre costing the city a million dollars and being on probation by the state for mismangement of funds? Does anyone know anything about this?
qoute: "Then you have the assistant city manager (Acre) that cost the city a million bucks and probation with Great Outdoors Colorado because of his mismanagement of the state funds."
What is this all about? a Million dollar mismanagement mistake made by an assistant city manager... did i miss one of gateway's articles or is this one still to come?
Is this stuff ever going to stop oozing out of City Hall?
Commerce City being on a GOCO probation is a very old story. This one is a dead issue.
Nothing to report, a time before Jerry. Really is Water under the bridge.
At the end all is okay, No Harm, No Foul.
All is okay now with GOCO and CC
Obviously the Gateway News is not "hiding in the shadows". Thank God they stick up for what is right and let the taxpayers know the truth about city staff and city council in Commerce City. Don't stop Gateway until someone anyone at city hall starts acting with some common sense and stops wasting money and stops making back room deals with David Foster. And they need to fire this Flannery guy before he causes anymore harm to Commerce City. Or is it ok to be a racist?
remember all, these are just allegations. nothing is proven yet.
I do not think being a council member has anything with "balls".
If you do the right thing, you will not have any problems.
That is it.
I would like to know who is representing the city officials in this lawsuit and if the city is going to court or are they thinking about settling out of court.
Pro city I agree, these are allegations!
Some will kick a person and assume the worse.
Plus I understand this allegation is the first against Flannery as a person.
One for sure was on the old staff & one was basically a severance.
Paul Natale is the common person in the complaints.
The problem with this whole thing is that it exists. If we had no problems at our city hall why are we even talking about this.
It is so sad to have something like this breakdown that people start filing lawsuits.
At the end all the ones that are going to profit are the lawyers and law firms.
I really don't think that the Mayor has anything to worry about.
How many employees or ex-employees ever sued the city of Brighton?
We asked this question and the answer is none of the ex-employees or current employees have ever sued the city of Brighton.
NO someone who blogged is wrong. All three lawsuits have been filed by employees under the current city manager Flannery. With a record like that he should just head on out to Washington DC. And if you get sued and you are innocent YOU GO TO COURT. you DO NOT SETTLE OUT OF COURT. Settling out of court says I AM GUILTY AND I DON'T WANT THE GORY DETAILS OUT THER IN THE PUBLIC, SO SETTLE. Guess what the citizens are not stupid, so quit treating us like we are.
It is no secret that the council will be going into executive session about this case on Monday.
I HOPE that this council will NOT let bob talk them into settling out of court. They have to let this go to court and let the process take place.
If the allegations are not true, then the city should have nothing to worry about.
Commerce City is OUT OF CONTROL!
This is ridiculous, I can not believe that the citizens are not more upset!
Not once, not twice, but NOW THREE TIMES!
And all they do is settle out of court, for over 200K!
Council needs to FIRE THE CITY MANAGER AND ALL THE DEPUTIES AND START OVER!
At no time in the history of the city has it been this bad!
how long is council going to allow this to happen?
This is Madness.
Lets all go to the council meeting, voice our issues and get ignored by the council members.
WHAT A JOKE.
The mayor is not the one mentioned in the law suit except for being the head of the council.
Get the facts straight.
Gheer got a buy out.
The guy from permits had a problem with the previous administration and saw a chance for a settlement with the new one.
Salazar has obvious issues, she is gone, butthe one she "says" was talked about is still at the city. Hmmmm interesting.
The full lawsuit is on the gateway news website, I think the mayor in mentioned in it.
Just stating what is on the lawsuit.
http://www.gatewaynews.org/pdf/Salazar.pdf
So, tonight, I assume the closed session is about the Salazar suit.
Will the city get a outside firm?
How much will the city end up paying for this?
Most important question, will the city take the stance to settle out of court?
Cherry St, remember what happens when you assume!
Suncor Legal issue
Committee of 21 (Part One)
The City Charter was written in 1969-1970 by a group of 21 citizens as a guideline to generations to come. Most or all of this committee are now dead. I had the fortune to meet and serve on committee with Jean Klein which made the Charter so real to me. If, I had a question; I would just ask. How, I wish Jean were still here. The Charter was written so that the average citizen could read it and understand what was intended. One did not need a legal degree for interpretation. So, when situations arise that make me want to ask Jean a question, I just look it up in the City Charter. As with all legal Constitutions of the States and the Federal government parts of the Charter were borrowed from other cities around us. The State of Montana borrowed parts of their Constitution from Russia and Canada. Russia had an excellent Constitution, they did not always hold to it.
According to our City Charter: Section 7.3 "b. The City Manager shall be the administrative officer of the city and shall hold office for an indefinite term until terminated by majority vote of the entire council in office at the time the vote is taken." Section 7.4 City Manager - Functions and Powers: m. To be responsible for contracting and purchasing within the limitations of the budget, all supplies, etc. for the city and shall submit to Council for approval, regulations governing purchases on behalf of the City. (This was paraphrased.) Section 4.12 a. The Council may enter into contracts on behalf of the City, including contracts for purchase of real estate and personal property and contracts for sale of City property. c. ... may make contracts or spend money for improvements to be financed in whole or part. To the average person, this sounds like the writers meant for the benefit of the City. In matters of finance, the City Manager has a say in how all the money is spent.
Section 6.1 to 6.3 The City Charter gives the electors of the city the right to petition for the preservation of the public health, safety and welfare. For any City Manager to hold his/her office for an infinite period would greatly effect the welfare of a city and all of it's people. Section 6.2 It takes 5 electors to initiate a petition. One must gather signatures within 30 days and all signatures must be registered voters in Commerce City. Section 6.6 Action on Petitions -- City Council decides whether a petition is valid and sufficient. (3) (Can.) Submit the entire proposal to registered voters. (Signed Petition.) Hence, a Petition might be one way electors could be heard and voters could respond at the polls concerning: The length of term of office a City Manager with all that financial power might serve. Perhaps, we could ask for a public vote of confidence for the City Manager every four years or so when City Council members are voted in? Perhaps, taxpayers could set financial limits or terminate all fringe benefits to city employees such as home loans and relocation expenses that do not cover moving costs only? However, any petition by the people can be declared invalid by City Council.
Committee of 21 (Part Two)
Several citizens have asked if taxpayers could hire legal counsel to question City Council about using taxpayer's money to buy a home for the City Manager and then give 4 to 5 extensions on said house contrary to employment contracts. And, question why, City Council felt they had a right to give a $72,000 relocation expense over and above the $20,000 already paid for moving the City Manager and his family to CC, when the housing market fell. Even though, no money had ever been exchanged on the taxpayers home loan. Citizens should have a right to have legal counsel look into all these money exchanges and they deserve the same right that the City Manager and Council has to have taxpayer's money pay for counsel representation.
Finally, this is not a negative reflection on our fair city, this only reflects on the actions of City Council over and above the "Will of the People." The committee of 21 members that wrote our City Charter gave us a guideline to the future. For citizens to raise questions is what democracy is all about. I feel that the committee of 21 would expect nothing less from us.
You have to take a minute and ask yourself, there is a possibility that this is all made up by Salazar.
And if that happens to be true,
That would be the lowest thing anyone could do.
Only time will tell.
I had a discussion with Ms Salazar once and that was when the old city manager was there.
She complained about him too...I see a pattern.
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