Special Meeting - 8/1/2023 7:00:00 PM

okay if I could have everyone's
attention please we'll move back to our
next meeting agenda I will call the
meeting to order we do not require a
roll call we have one item on our agenda
and I will ask vice mayor to please take
over
thank you mayor
um tonight's agenda item is a discussion
and possible action of a vote of no
confidence regarding mayor Bridget
Peterson In fairness to the process and
Tamir Peterson I will be chairing this
meeting
we will not accept public comment on
this item as it is a special meeting
which does not call for public input as
noted in our code any action taken this
evening will be solely a result of
individual council members feelings and
experience of no confidence
the publicly the public formally
expresses their vote of no confidence at
The Ballot Box or through a referendum
process
nothing in the agenda packet outlines a
suggested motion or a document
highlighting specific reasoning for this
and therefore we will begin with that as
a foundation for discussion in an effort
to be transparent I'd like to express my
consistent stance of bringing new action
items through a study session or
discussion venue prior to asking the
council to take a blind vote on the dice
without adequate time to examine the
facts and how the opportunity to suggest
changes
in order to move through this difficult
discussion with professionalism and
decorum I'd like to share some ground
rules and clarifications for for my
fellow council members to consider
the mayor will not participate in the
conversations between council members
but she does have a legal right to
respond to criticism shared and will be
given an opportunity to do so prior to
any action taken she will not vote on
this item
we have no local president for Council
taking this action so this is Uncharted
Territory for us and we need to proceed
carefully an action of no confidence has
no legal standing
as we move through this agenda item I'll
serve as a facilitator to ensure
everyone has a chance to speak
so please turn on your microphone and
I'll call on you for you to share your
comments if you feel I have overlooked
anyone please let me know so I may
correct that oversight sometimes it gets
a little confusing and I don't want to
do that
also as a facilitator I might I may ask
for clarifications of comments or and
intent please know I am doing this to
ensure everyone is understood and that
it is not my intention to challenge the
comment but help clarify and in some
instances to point out unintended
consequences
we are studying precedent tonight that
quite frankly will open up all council
members to this action now and into the
future
we need to identify specific behavior
that rises to the level of this action
very clearly as it will be the basis for
any future call to action
we spend a lot of time updating our
Essex handbook and code of conduct
policy to provide opportunities to work
out issues between council members in
the public before it escalates to this
level
unfortunately the effective date doesn't
allow us to lean into that process
tonight
so before we begin I'd like to note that
I'm interested in finding a long-term
solution to eliminate the underlying
issues that are driving us to work
against one another
and to publicly
chastise one another which is viewed by
the outside world as a dysfunctional and
retaliatory environment that is a
vicious circle of drama and instability
this type of environment will have long
lasting economic impacts as businesses
decide to not move here or move out
because of the impression of instability
of its leaders
ladies and gentlemen that is not Who We
Are
who our community expects us to be
run a slippery slope and my hope is that
after tonight's discussion the council
will agree with me as I recommend
directing Mr Payne and Mr Banger to
explore an opportunity to bring in a
mediator to work with the entire Council
as a group to have those tough
discussions and conversations about
expectations of behavior and to error
grievances that need to be addressed
so let's begin
it's my understanding that three council
members signed the form to place this
item on the agenda council members
Buckley Bon Giovanni and Torgeson
council member Bon Giovanni I've read in
the media that you are leading this
effort and if that's correct I'd like to
begin with you regarding comments and
potential action being asked for tonight
as mentioned earlier I believe it is
important that we establish a clear
understanding of what Behavior Rises to
the level to Warrant this action as a
foundation for this discussion
so councilman Bon Jovani if you'd like
to begin
thank you madam mayor and fellow council
members
I will be a few minutes
I usually start my discussions with the
joke there'll be no jokes tonight as
this is not a joking matter
I hope there's no drama this evening
either
I hope the people of Gilbert aren't
entertained as this is not a political
theater
no salacious accusations will be thrown
around
there's no need to be on edge as this
isn't a reflection on the mayor as a
person
but her actions we've seen and felt
there will be no he said she said or
they said it's simply not going to
happen
we're not looking for drama
we're looking to get back to focus on
what's important for the town of Gilbert
some may think and have put in the press
that this evening is a waste of time
but building a platform for Unity and
Trust within our Council and our
community
is never a waste of time
mayor Peterson we all know how much you
love this town
that isn't and has never been in
question
you've given many years of your life
into the development of this town
and I thank you for that
however what is a question is whether
you love the town enough to make the
changes that are needed to achieve unity
and restore trust to this Council and
the General Public
there is nothing more important than
unity in restoring trust and as our
leader you and only you are responsible
for taking the first step towards that
Med America I will be extremely
disappointed tonight to hear you say he
hates me they hate me there's a group of
citizens against me because those are
excuses and excuses should never be part
of the language of a leader
true leaders take responsibility for
their actions from top to bottom for
example Patrick Our Town manager takes
responsibility for his actions and every
employee in the town of Gilbert tonight
is not a reflection of him and his
leadership either
my biggest issue tonight is I can't be
transparent with the people of Gilbert
who elected me to this office
to what I've seen heard and dealt with
transparent like I promised I would be
because state law and even Gilbert's own
code of ethics Section 3 on loyalty
dictates that I can't bring up issues
that have been brought to us to bring to
this breaking point tonight
but I can't say anything
the people of Gilbert don't know however
every council member on this dice
tonight knows
my fellow council members forget about
the ethics complaints you know the
behaviors the Antics and the people
involved and the motives of those people
the last six months and especially the
past 30 days
you know you all know the behaviors
we were elected to this office by the
people of Gilbert to represent them
especially in situations like this where
they don't know
but you do
you don't need investigations to know
what's been happening behind the scenes
every one of you knows you've lived it
breathed it heard it and seen it
but are you willing to do anything about
it
now I know there may be an important
vote tonight probably one of the most
important votes
you've ever been asked to give
for the record a vote of no comp if a
vote of no confidence passes
you're not going to see them in the
hallway high-fiving anyone this isn't a
personal or political victory for me
it's just an unfortunate situation we
find ourselves in tonight and someone
had to stand up
I know the fear behind this potential
vote and I understand it
but in reality a voting no if a vote of
no confident passes
mayor Peterson we can't can't remove you
from Office know where I want to
since you were elected by the people of
Gilbert but my hope is maybe just maybe
this vote will open your eyes to those
of us who work closely with you and how
they feel about your leadership
leadership style
and will force you to take a deep look
inside yourself and make the changes
that are needed to unite and build trust
in this Council so we can get back to
work
but even if I'm the only one who votes
yes for this potential motion
you as a leader are obligated to repair
our relationship I will do my end of it
again fellow council members I
understand the fear
however having any fear about this vote
at all
should be a statement in itself
but I get it
I could probably go around the dice
buy per person by person
and have a good idea of what that fear
may be
one of you may fear conflict
however sometimes we need conflict to
get to a healthy resolution
one of you may fear that this makes a
town look bad
I urge you to ask yourself what the time
will look like if emotion doesn't pass
and the behaviors continue because they
will
mayor Peterson you may have fear
having to make changes needed however if
you choose to make those Church changes
I will personally support you and be in
your corner throughout those changes
whatever it takes to unite us
one of you may be fearful that your vote
may look retaliatory you know it isn't
what if you may fear future
ramifications if this vote passes
I ask you what are the ramifications if
it doesn't
and one of you may feel so shell-shot
lately that voting on this may be scary
to begin with
truth should never be scary
now I have fears
my fear is for the councilman council
members who don't vote with their
conscience and let fear take over
we shouldn't vote against this out of
fear
if you if you vote against this
potential motion I fear for you not
today
but for tomorrow morning
next week next month
when you wake up and hear that little
voice in your head that says you knew
and you did nothing
you knew and you did nothing
that's a voice that will haunt you for a
very long time and I fear that for you
I also fear every time we as a council
draw a mental line and say no more
then just let let it sit lie again when
it's crossed
only to move it forward only puts us
further away from the people we
represent
we could simply Kick the Can down the
road and let people decide themselves
but that would be a move of of
indecisive leaders
they don't know but you do
I hope this Council can show Unity
individually on this vote
and then absence of a leader who I
believe currently can't create unity and
Trust in us as a group
so I'm going to make this simple this
evening
I'm going to ask you four questions and
I ask that you answer them honestly and
not let fear consume you
I ask that you answer them and the first
answer that comes into your head
we don't need the results of any ethics
investigations to answer these questions
I believe the answers would be the same
two months ago
my questions relate to Unity Trust
humility patience skill and will
and here they are
in this very moment in time
this very second
does this matter have the humility to
unite and restore trust within this
Council
in this very moment of time this very
second does the mayor have the patience
to unite and restore trust within this
Council
in this very moment of time this very
second
does this mayor have the skill to unite
and restore trust with his counsel
and most importantly in this very moment
of time this very second
does this matter have their will
to unite and restore trust within this
Council
if you answered no to any of these
questions you are bound by your
commitment to the people of Gilbert to
support a vote of no confidence
because there will be a time when they
do know
the people of Gilbert have earned the
right to have a unified Council
the people of Gilbert have earned the
right to a council that trusts each
other as a group
and can be trusted individually
tonight wasn't about fifth complaints
investigations don't change behaviors
people who are willing to change to
if you vote against a potential motion
you're saying you support the behaviors
that got us here
but I can't see that happening
simply because you know deep down you
know you know changes are needing
thank you
thank you council member are there any
other comments from the diocese
I don't have any additional comments uh
I agree with what Chuck has said
thank you council member Buckley
any other comments
councilman torkerson I just want to
thank councilmember Bon Jovi for taking
on a very ugly subject
but something that Kathy had said for
six months
there has been no discussions there's
been no uh communication to try and
create some sort of unity in fact I've
had discussions with individual council
members about grave concerns of trust
incredibly deep concerns of trust
re verifiably good reasons for a lack of
trust
and no one really wanted to have a big
discussion about this
so rather than trying to go beyond what
an open meeting law
means
and violate that I'm going to say I
tried to have some discussions to get
some sort of resolution to take a higher
road to stop reacting viscerally and act
more intellectually upon something that
I think is important and we have lacked
that team building we have lacked a lot
of things that may have changed
my personal feelings on this
but again this is uh I I think Chuck for
at least making this discussion happen
because it was
important to have
and uh
thank you
thank you council member any other
comments
notes council member Buckley yeah I I
would just like to make one more comment
and whatever this vote comes out tonight
I would like to see us have a meeting
together all of us
um and and and maybe try and talk to
each person to see what their concern is
and how they feel about certain things
that have transpired and happened but I
think that's very necessary for us to do
no matter what happens here tonight
thank you council member any other
comments
nope I'm just going to go down the line
Scott anything because we'll be moving
into the next phase I'll just say that
it
makes me uncomfortable to to be asked to
act
right now
in the spur of the moment I've got my
own issues but I'd like to be about I
kind of
I'd like to do the same thing that
council member Buckley's talking about
in the vice mayor I think suggested is
that we
take the opportunity as we would with
any item to discuss it amongst ourselves
and if we need to bring a mediator in
that's fine with me
but we we all have some issues I'm sure
that we need to be able to discuss with
one another
and
um
I see this as kind of a two-step process
that we we need to do that we can come
back and have
a further vote if necessary but the
second phase of this process is the
voters of Gilbert have the right to make
that choice
in an upcoming election and I believe
very strongly in that process
thank you council member council member
caprese
I agree with what councilmember Anderson
mentioned and what councilmember Buckley
mentioned with maybe having a mediated
conversation
but this was agendized yesterday and
didn't have any description of
reasonings behind the vote of no
confidence
and then councilmember Bon Giovanni I
don't
think it was clear
what the reasons were behind the request
so I'm
I'm still a bit unsure of
I'm sorry the reason can you speak up a
little more please sure
I'm just unsure about the reasons behind
the request for this agenda item and uh
hopefully
others will have a better idea of how to
move forward because this just appeared
to us yesterday and
there was no description about the exact
reasons for the vote of no confidence
and I think that's important for the
transparency and appearance thank you
thank you council member
um
this is is a very difficult conversation
for everyone up here and
um
I personally would
appreciate the opportunity to have a
mediator come in and help us through
this help us work through these
underlying issues that continue
to embroil this community
um
I I believe that bringing this topic
forward to have a discussion
um
has provided the mayor with feedback
that
um
that she can respond to
um
council member Bon Jovani I believe
you've had some communication with the
mayor and
we had discussed that you felt that her
her running of meetings had had improved
significantly in in that decorum and
this just happened last month so I don't
know if you feel that this has been
enough time to acknowledge what's
happening perhaps there's other areas
that you are addressing
um
so I I too I mentioned up front
I really don't like being forced to
make a vote on something that we haven't
outline the specifics of what that
action has been that requires a vote of
no confidence I think that that's really
important
I'm not saying that after our
conversations there might not be that
definition but we don't really have
anything in front of us
that helps us to make that determination
the as I mentioned earlier the action of
no confidence has no legal standing so
it is basically a public
statement
um
that
I'm assuming is meant
to ask the mayor
or direct the mayor to
change
some Behavior
and I think we need to outline what that
behavior is before you just say there's
no confidence
and so I'm I'm just having a hard time
getting there without that clearly
defined
um
so
before
we wrap up and go into whatever the next
steps are I just want to make sure
everybody had an opportunity to speak
if you wanted to say any other
comments this isn't the time for emotion
at this point but just wanted to make
sure
that you felt that you've had your say
before I allow mayor Peterson to have
her comments
and yet oh thanks go ahead
I spared the details
out of respect
for the mayor in this Council
and out of
State regs
and our code of ethics
I wouldn't want to say anything that
disparages people because I don't want
another ethics complaint throwing
against me
um
but
I look at
something that if we move forward
any kind of forward actions good action
whether it's hey we're going to sit down
with a mediator and discuss this
it's a tough situation to be in because
we all know exactly what I'm talking
about
but it's very difficult to verbalize
this
without
subsequent
um
ramifications
and I respect the town and the citizens
enough
to not create those ramifications
and if we have to wait for the onset of
all these ethics complaints this will be
right right back on the dice
and my hope
and I know the hope of the other council
members
was to not make that happen
so whatever outcome of Yetis complaints
were given
that changes would already been made
where we would say okay
we're not going to move the line again
but maybe we'll just watch it watch the
line
I don't believe in airing out dirty
laundry and I'll probably get arrested
if I do or another ethnic complaint
but any movement is positive movement in
this situation
so if this Council wants to say
defer the vote today
and make arrangements for mediation
I will respect that because I respect
the opinions
of the council members here
but I do need to see action
and I do need to see Improvement
and if we need to have an executive
session to get into details I've got no
problem with details I just respect the
town too much to get into details and My
Hope was you all know what I'm talking
about the behaviors I'm talking about
and My Hope was that tonight we would
send a message to the mayor that you
need to make some changes
thank you council member I I believe
that has been done
um
and I would like to take some positive
action moving forward but if we're done
with our comments then it is time for
mayor Peterson to address
the comments tonight before we move to
the next step mayor Peterson
I am going to choose to not make a
statement tonight and ask that we move
forward and
um I think I'm
that's how I'm going to leave it I would
just like to move forward and
Forward Motion is good as council member
Bon Giovanni said and I think I'm a
little lost as to what we're discussing
this evening so I know that you said
everybody knows but I I don't feel that
I do so I think it will take us getting
together in another form
thank you mayor
um
so
next steps
options that we have
we can
make a motion to continue this item to a
specific date with detailed actions and
direction to staff
what to prepare regarding the type of
action or document that we we could vet
and vote on you may decide to make more
notion as you fill this discussion
and a public forum
has went as was desired to to bring this
to light you may make a motion to for
consideration which then will require a
motion in a second
before we do that again I'd like
to direct Mr Payne and Mr Banger to
research a mediation service to help our
entire Council as a group resolve these
underlying issues that are resulting in
Essex complaints submitted and discuss
that were discussed this evening not
only by our residents but our fellow
council members expectations of
behaviors and leadership styles can be
resolved in this manner
by committing to this action we can get
back to the business of the town on
behalf of our entire community
and if so if there's no opposition to
that direction
we can then move on to if there was any
motion that needed to be made
we can only give direction and this
mediation option because it isn't
actually how it's agendized so we're not
able to take a emotion however if
anybody has any concern with that
direction now would be the time
to speak up
um council member Buckley has expressed
interests in mediation I need to ask
councilman Torgeson who also signed off
on this with me if that is a
consideration for you
Chuck I'm deferring my consideration to
you what you feel is best is what you
feel is best on this and I appreciate it
okay
vice mayor you are the queen of motions
I'm still learning but I would like to
take a motion on your first option of
seeking
um some kind of mediation uh to move
forward
I'm gonna look at Chris
are we able to do that as a motion based
on how this was agendized or is
Direction sufficient
uh mayor vice mayor direction is
sufficient on that because that wasn't a
possible legal action that was agendized
but it's not needed we we've got the
direction we can go forward with
planning a future meeting for the
council okay thank you very much and
thank you councilmember bon Jovani for
your consideration and councilman
Anderson I was just going to ask if we
if we take this kind of action does that
mean that we can bring it back for a
vote if necessary
I'm going to look towards
um Mr Payne again I believe that that
would be done under a separate agenda
item should we choose to
uh are you talking about the actual
follow-up the mediation no the if we
wanted to bring back the um oh bring
back the current thing no no yeah sorry
foreign
talk about bringing back this item yes
at a future date yes it would be a
future so you have two options if
there's no motion for approval or denial
this could just they would if there is
no motion this item would die it could
always be brought back or there could be
a formal motion to table or to continue
to a date certain
um
I would recommend that we go through
this process and
depending on the outcome of that
mediation I believe there will be some
action items that may come out of that
and that could be
put on an agenda at a later date
I'm hesitant to put a date certain
because there's going to be research on
the the mediator that would be
contracted and then also our schedules
so I
with that then
um okay so it's my understanding that
there is no motion to be had on the vote
of no competence tonight that direction
has been given to
um
explore a mediation service to help us
address these underlying issues
in the
in the case that there was action to be
taken from that mediation that would
come under a separate agenda item in the
future
I just want to make sure I I said that
okay all right then with that I believe
mayor is that all right if I adjourn the
meeting okay then with that our meeting
is adjourned thank you very much