Lombardo

City Attorney's Office 4 1 0 East Washington Street

lowa City, lowa 52240-1826

May 7,2009

BY E-MAIL

(3 19) 3 5 6 - 5 0 3 0 (3 19) 3 5 6 - 5 0 0 8 FAX www.icgov.org

Gregg Hennigan, Cedar Rapids Gazette Chris Rhatigan, Iowa City Press Citizen Chris Clark, Daily Iowan Mike Wagner, KCRG-TV9 News Re: Response to Public Records Requests re: Former City Manager Michael Lombardo Gentlemen: Each of you have made various open records requests to the City of Iowa City, Iowa pursuant to Iowa Code Chapter 22. These requests range in their scope and include "all documents, including but not limited to memorandums, e-mail messages, letters, notes and other materials that include correspondence between Michael Lombardo and City Council members since March 1, 2009, and all documents to and from City Council members that mention Lombardo since March 1, 2009". Another request includes "copies of all correspondence between former City Manager Michael Lombardo and all Iowa City Council Members, including, but not limited to e-mails, letters and memoranda from January 18,2009 to April 18,2009, . . along with all correspondence between Iowa City City Council members that mention former City Manager Michael Lombardo in the same time period." Finally, another request involves access to and copies of "any and all correspondence and documents, written or electronic, with regards to the job performance or dismissal of City Manager Michael omb bar do."'

' Another media outlet has requested access to and copies of "correspondence between the members of the Iowa City City Council, Mayor Regenia Bailey, Michael Lombardo and city staff regarding Lombardo, the Iowa City Farmer's Market, Fire Station No. 4, the priority-setting public survey, the FY 10 budget and the public art sculpture.. .within the past six months." The City will respond to that request separately but the material identified through the above requests will be released to that media outlet in response.

To fulfill these open records requests, City staff contacted each City Council member and requested that they forward all documentation and correspondence in their possession that fits within the parameters of these requests. City staff also accessed the e-mail account of Mr. Lombardo to identify and retrieve those e-mail documents meeting these requests. The City Attorney's office then reviewed each of the documents submitted and determined whether they fit within the request andlor were public records.

A significant amount of material was identified, retrieved and reviewed in response to your requests. Certain documents are not being produced as they are confidential records pursuant to Iowa Code §§22.7(11) and/or 22.7(18) as discussed below. As you likely know, pursuant to Iowa Code §22.7(11), "personal information in confidential personnel records of public bodies including but not limited to cities. . ." is a public record that shall be kept confidential unless otherwise ordered by a court, the custodian or another person authorized to release the records. See, Des Moines Independent Comm. Sch. Dist. V. Des Moines Register and Tribune, 487 N.W.2d 666 (Iowa 1992) (holding that documents focusing on the job performance of employees and collected by an investigating committee and separate school action committee were confidential as personnel records under §22.7(11) and that the nature of the record is not controlled by its location in a filing system). There is a substantial amount of material that is specifically related to both earlier and more recent evaluations and the work performance of Mr. Lombardo, that is not being produced in response to these requests as they are confidential records under Iowa law. Additionally, Iowa Code $22.7(18) renders confidential "communications not required by law, rule, procedure, or contract that are made to a governmental body or to any of its employees by identified persons outside of government, to the extent that the government body receiving those communications from such persons outside of government could reasonably believe that those persons would be discouraged from making them to that government body if they were available for general public examination" unless the person outside of government making that communication consents to its treatment as a public record (see, §22,7(18)(a)) or, information contained in the communication can be disclosed without directly or indirectly indicating the identity of the person outside of government making it or enabling others to ascertain the identity of that person (see, §22.7(18)(b)). There exists very limited material that is not being produced because the author has not consented to its release and the communication cannot be sufficiently redacted to render its source unknown. Attached for each of you is a PDF file of the documents we have determined to be nonconfidential public records that are not otherwise available on the City's website such as memoranda from the City Manager to the Council. The costs for retrieval and review will be waived in this instance given the number of media requests and the public interest in this matter. Each entity that filed a request for public records is being provided the same records with this letter, regardless of the scope of their request.

Eleanor M. Dilkes City Attorney 4 10 E. Washington St. Iowa City, IA 52240 Ph: 3 19-356-5030 Fax: 3 19-356-5008 email: [email protected] Cc:

encl.) City Council Dale HelIing, Interim City Manager Marian Karr, City Clerk Sarah Holecek, First Assistant City Attorney Michael Lombardo

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0143 Michael Lombardo From:

Michael L o m b a r d ~

Sent:

Wednesday, April 15,2009 2:44 PM

To :

'Amy Correia'

Subject: RE: Cultural Undercurrent Thanks, Amy - perhaps we should wait until after Friday (I am beginning to feel like there are some who would like me not to be the city manager any longer!?)

Michael A. Lombardo City Manager 410 E. Washington Street lowa City, lowa 52240-1826 319-356-5010 phone 319-356-5009 fax [email protected]

From: Amy Correia [mailto:[email protected]] Sent: Tuesday, April 14, 2009 4:35 PM To: Michael Lombardo

Subject: RE: Cultural Undercurrent Michael: Over Spring Break I did organize a very informal discussion about racial tensions in the lowa City area, at the request of a former IC resident who often returns to lowa City to visit her family, and attends the Church of the Nazarene. The Senior Pastor there is interested in related community issues, as he leads a multi-cultural parish community. He attended this luncheon. Stefanie Bowers and Marcia Bollinger were also able attend from 1C government, as well as my staff LaTasha, Michael Shaw from the School Board, and Marcella David from the University. I'd also extended an invitation from Valerie Nyberg, as she is leading the ICCSD cultural competency training effort, but she was unavailable due to Spring Break. LaTasha has shared with me that a collaboration is underway to train neighborhood leaders on the diversity dialogue program that the UI Women's Resource and Action Center has been offering for a few years. To me, this seems like a good University/Community partnership to begin conversations. I would absolutely be interested in talking with you further about this. Amy

Amy Correia, LMSW Social Services Coordmator Johnson County Social Serviccs

Kcw .\cidress: 855 S. Ilubuclue Street. SLII~C' 30313 l o ~ v aCity, Iowa 533311 KEYP Phone: (319) 356-6090. o r (319) 68K-5703 NE\V Fax: (319) OSS 5? 11 e-mail: [email protected]

web: www.johnson-county.com/socialServices From: Michael Lombardo [mailto:[email protected]] Sent: Tuesday, April 14, 2009 2:23 PM

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I could meet later in the morning or in the afternoon on Tuesday; at 7:30 or between 1: I 5 and 2:15 or after 3:15 on Wednesday; or later in the afternoon (after 3) on Thursday. Let me know if any of these times work.

Regenia D. Bailey 430 Church Street lowa City, IA 52245 319.351.2068 (h) 319.321.A385 (mobile) 866.802.2854 (fax)

From: Matthew J. Hayek [mailto:[email protected]] Sent: Sunday, November 09,2008 9:36 PM To: Regenia Bailey Subject: RE: Let's try to talk this week about this and about preparation for his review. Email's probably not the best way of discussing something like this anyway. Not sure if there's a pattern here, but it's disturbing. If you want to come to my again (decent coffee and total privacy), that might work. Of course I'm happy to meet anywhere else too. MJH

Matthew J. Hayek Hayek, Brown, Moreland & smith, L.L.P. 120 East Washington Street, lowa City, lowa 52240-3924 319.337.9606 telephone 319.338.7376 facsimile Email: [email protected] Website: www.hhbmlaw.com From: Regenia Bailey [mailto: [email protected]] Sent: Sunday, November 09,2008 9:32 PM To: Matthew 3. Hayek Subject: RE: I talked to someone who attended one of these and he mentioned these topics as well-not way, but the account of what was said was similar.

Regenia D. Bailey 430 Church Street lowa City, IA 52245 319.351.2068 (h) 319.321.I385 (mobile) 866.802.2854 (fax)

From: Matthew J. Hayek [mailto:[email protected]] Sent: Sunday, November 09,2008 9:24 PM To: Regenia Bailey Subject: RE: What do you make of it?

in quite the same

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Matthew J. Hayek Hayek, Brown, Moreland & Smith, L.L.P. 120 East Washington Street, lowa City, lowa 52240-3924 319.337.9606 telephone 319.338.7376 facsimile Email: [email protected] Website: www.hhbmlaw.com

From: Regenia Bailey [mailto:[email protected]] Sent: Sunday, November 09, 2008 9:24 PM To: Matthew 3. Hayek Subject: RE: Yes.

Regenia D. Bailey 430 Church Street lowa City, IA 52245 319.351.2068 (h) 319.321.I385 (mobile) 866.802.2854 (fax)

From: Matthew 3. Hayek [mailto:[email protected]] Sent: Sunday, November 09, 2008 7:59 PM To: Regenia Bailey

Subject:

Did you get an anonymous complaint from a non-profit leader in the mail about Michael? Matt

Matthew J. Hayek Hayek, Brown, Moreland & Smith, L.L.P. 120 East Washington Street, lowa City, lowa 52240-3924 319.337.9606 telephone 319.338.7376 facsimile Email: [email protected] Website: www.hhbmlaw.com

November 5,2008 Dear City Councilor: I am a representative of a local non-profit agency, but forgive me if I do not give my name at the bottom of this letter. I think you will soon understand my hesitancy to sign the letter. I was recently invited to attend a luncheon hosted by City Manager Michael Lombardo. l had looked forward to meeting with him and other local agency representatives. What I assumed would be a pleasant experience soon turned sour, however, and I think the City Council needs to know of this experience, because you may not be aware of what goes on behind your backs.

What Iassumed would be a group exchange instead became a one-directional performance, in which the City Manager extolled his "great plans* for the community. He portrayed himself as a one-man change agent, and pledged to fight those who were obstacles. He castigated the City Council and the Staff for "pushing backnagainst him, and that he would fight and overcome those who stood in his way to achieve his vision. Iwas shocked at this display and I could tell others were as well. I respect the City Council for its hard work and public service, and didn't approve of this public dissing from their newly-hired subordinate. It seemed so strange for him to exhibit publicly his disdain for group process and his supervisors, you the City Council. And to think this was supposed to be some kind of 'bridge buildingnexercisel Iwas stunned at this display of unbridled egotism. It especially seemed arrogant considering how short a time he has lived in lowa City. I suppose he can insult City staff to a public group since he supervises those employees, unfortunately, but this too seemed disloyal and certainly not enlightened management. 1 feel sony for those who must work closely with him. I can only imagine it must be a spirit-deadening environment, where one has to pay continual homage to this man's ego.

Ifelt like he was trying to build alliances with those outside of City Hall for some devious reason, so Iquickly began to feel like a pawn. Is he trying to build alliances to counter those whom he feels "pushes back against him"? Is this what lowa City has come to? Some Macchiavellian exercise?

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Iwas also surprised to hear him announce that he would get rid of the leaf vacuum program that it is wasteful. Have you had a chance to discuss this topic before he announced it in this forum? Ithink he does not understand his role. Ithought he was supposed to be the chief operating officer who carries out your policies. He obviously believes his role is not a subservient one, which Ifound alarming.

Just in case you are unaware of what goes on behind your backs, I felt I needed to write to you. He is a smooth talker and big smiler when he needs to be and is charming upon first impression, but there is a very dark side to him. Perhaps you have not seen this other side. If I were braver 1 would sign my name, but since I was one of the few dozen or so invited, I feel I could be tracked. I go the impression he could be very vindictive towards anyone who dares to question him. I appreciate your time and consideration of this important matter involving your employee. I'm sure it is not an easy thing to face a bad hire, but short-term embarrassment is better than having this negative influence drag lowa City down. I moved to lowa City only a short while ago, but love this community and want the best for it. He is not the right person for this important job.

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0266

Matthew J. Hayek From:

Matthew J. Hayek

Sent:

Wednesday, April 15,2009 10:16 AM

To:

'Michael Lombardo'

Subject: RE: Time to Talk? Michael. Sorry I missed your calls. We can talk on Friday when the full council gets together. Matt

Matthew J. Hayek Hayek, Brown, Moreland & Smith, L.L.P. 120 East Washington Street, lowa City, lowa 52240-3924 319.337.9606 telephone 319.338.7376 facsimile Email: [email protected] Website: www.hhbmlaw.com

From: Michael Lombardo [mailto:[email protected]] Sent: Wednesday, April 15, 2009 8:57 AM To: Matthew 3. Hayek Subject: Time to Talk? Importance: High Matt - Iam heading into a staff meeting; is there a time today that we can get together to talk?

Michael A. Lombardo City Manager 410 E. Washington Street lowa City, lowa 52240-1826 319-356-5010 phone 319-356-5009 fax michael-lombardo~iowacity.org

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Matthew J. Hayek ~ -,

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From:

Michael Lombardo [[email protected]]

Sent:

Thursday, February 26, 2009 12:06 PM

To:

Matthew J. Hayek

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Subject: RE: sales tax

I do not agree that my comments are strident - Terrence and Sally yesterday were very clear that they intended to sunset the sales tax at three years so that we would be forced (there words, not mine) to support a local option sales tax that redirects revenue from all of the municipalities to fund the justice center and that if we wanted to finish funding our projects then we would have to play ball with them. Many might view that as a form of extortion should that type of bold-faced approach slip by without comment?

Michael A. Lombardo City Manager 410 E. Washington Street lowa City, lowa 52240-1826

319-356-5010 phone 319-356-5009 fax [email protected]

From: Matthew J. Hayek [mailto:[email protected]] Sent: Thursday, February 26, 2009 8:56 AM To: Michael Lombardo Subject: sales tax Michael,

I know you're working hard on the sales tax referendum issues, but your choice of words in today's P-C is not what Iwould have used. Language that strident has an impact - and not one that I think benefits the city long term. This is a small community and words matter. Matt

Matthew J. Hayek Hayek, Brown, Moreland & Smith, L.L.P. 120 East Washington Street, lowa City, lowa 52240-3924 319.337.9606 telephone 319.338.7376 facsimile Email: [email protected] Website: www.hhbmlaw.com

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