The Seward County Commissioners’ proposal to move the zoning department’s supervision to the county attorney was met with arguments against the restructure at the board’s Oct. 30 meeting.
Board Chairperson Roger Glawatz said currently, Commissioner John Culver is the zoning administrator’s liaison and responsible for evaluating her performance.
Becky Paulsen serves as the county’s zoning administrator, a position appointed by the county board. She was recently appointed a county commissioner.
Glawatz said he felt the board could not ask one member to evaluate another, saying it would put Culver in an uncomfortable position. He also had concerns about the perception of conflicts of interest.
He said he met with Paulsen, Culver and County Attorney Wendy Elston Oct. 26 to discuss the matter. This meeting, which included a quorum of board members, was not publicized. Read more about the Oct. 26 meeting HERE.
At the Oct. 30 meeting, Glawatz said Paulsen seemed OK with the proposal when it was introduced to her the week before.
At that point, Paulsen recused herself from the board.
“I have something to say,” Paulsen said, adding that she had prepared a written statement, which she later read.
Glawatz and Paulsen spoke over each other briefly before Glawatz told her she was out of order.
“I understand that,” Paulsen said. “You all made a decision and blindsided me in that office on Friday [Oct. 26].”
Later in the meeting, Paulsen, Glawatz and Commissioner Whitney Fleischman spoke over each other again.
“You have to listen, or I’ll kick you out of the room,” Glawatz told Paulsen.
“And make a decision without me?” Paulsen said.
“We might,” Glawatz said. “Just behave yourself.”
Glawatz later apologized for his statement.
When Paulsen read her statement, she said during the Oct. 26 meeting, the issue was proposed to her with the idea of having her office work more closely with the county attorney.
“[It] sounded like a great deal until at the end of the conversation, the attorney said she will remove my department head status,” Paulsen said.
On Nov. 1, both Elston and Glawatz denied that Paulsen would lose her department head status.
At the Oct. 30 meeting, Paulsen’s statement included a list of other counties that have county employees who also serve on their county board. Butler County’s weed superintendent serves on its board, for example.
On Nov. 1, Glawatz said Seward County representatives did not call other counties to see how they handle potential conflicts of interest and evaluations of their employees who also serve on county boards.
He also said it was irrelevant because those counties have lower populations and fewer people running for elected office.
County attorney responsibilities
In the Oct. 30 public meeting, Culver said he would have no problem giving Paulsen an honest evaluation and is looking at the situation in both ways.
On one side, he said he understands concerns about conflicts of interest. On the other, he said he was worried about the size and growth of the county attorney’s office over the last few years.
The county attorney has the following duties:
• provides criminal prosecution;
• provides juvenile prosecution;
• emergency protective custody;
• legal counsel for law enforcement;
• diversion program, including drug court and truancy;
• child support enforcement;
• victims assistance program;
• county coroner;
• county personnel officer (until the county hires a human resources director);
• inheritance tax review;
• interlocal agreements with Butler and Jefferson counties;
• city attorney for Crete, and
• legal services for the cities of Seward, Milford and Utica.
Culver said the county attorney having supervision of an additional office makes for a powerful department.
“That’s real worrisome to me,” Culver said. “That’s the point that I’m struggling with.”
County Assessor Marilyn Hladky had similar concerns at the meeting.
“The county board continues to let the county attorney dominate Seward County,” Hladky said.
On Nov. 1, Glawatz said he does not see the situation that way.
Elston, who did not peak during the Oct. 30 meeting, but provided statements Nov. 1, said the proposal to move the zoning department under the county attorney was meant to minimize conflicts of interest, especially because she and members of the county board have heard concerns from constituents.
“It appeared to be portrayed that this was some sort of evil and vindictive motive on the county and/or my part, which was absolutely not true,” Elston said. “It was one of many different ideas to help alleviate the appearance of any sort of conflict.”
She said her office was recommended for the move because York County has a similar structure, but the zoning/weed office could be placed under any elected official. Elston would still give legal counsel.
Concerns over potential conflicts
Fleischman said placing the zoning department under the supervision of the county attorney adds a layer of protection for the county against potential litigation and removes the idea of conflicts from the public’s perception.
“Perception is reality to people,” Fleischman said. “Why not help remove that perception?”
Glawatz said members of the board have received calls from county residents who were concerned about Paulsen having potential conflicts of interest as she serves in both her county roles.
Hladky said all departments get complaints from constituents.
Schweitzer said she has been on the board to appoint commissioners mid-term four times and has received calls about those decisions each time.
“We can’t please everybody,” Schwetizer said.
Glawatz said transparency is a concern and that the zoning position should be removed from the board’s supervision so the public doesn’t think the county is trying to pull something off.
In her statement, Paulsen said her office was not under scrutiny before she became a commissioner.
“The appearance of conflict is when you want to strip a[n] appointed official of their position without just cause,” Paulsen said.
She said the board should not disrupt the county’s infrastructure so close to the mid-term elections because there will already be changes within the county.
Glawatz is not running for re-election and Commissioner Gene Gausman lost his primary election to Mike Mundhenke. Fleischman is in a contested race against Bob Vrbka.
Paulsen also said the board was fractured at the Oct. 30 meeting.
Gausman has been absent from meetings for personal reasons and was not present at the Oct. 30 meeting, and Paulsen would have to recuse herself from voting on the agenda item.
That left Glawatz, Fleischman and Culver to vote on the issue.
Schweitzer said with three members voting, only two votes would have been needed to approve the agenda item.
Paulsen said she saw the agenda item as retaliation because both Glawatz and Elston spoke against her appointment.
“I personally feel that this action could possibly warrant a grievance procedure by myself,” Paulsen said. “I believe this is job harassment.”
Glawatz said his position on the matter is not specific to Paulsen and that it would remain the same if another appointed official served on the board.
He said it does not hurt to have the county attorney’s advice in the zoning office. He said all elected officials need legal guidance.
As for conflicts of interest, Fleischman said when Paulsen recuses herself from the board on zoning issues, she is leaving 1/5 of the county without a voice.
Hladky said Paulsen is the Seward County zoning administrator. She serves District 2 as a commissioner, which is located in the city of Seward. The city has its own zoning authority and planning commission.
Other options
Hladky requested the board wait and see how things go before making a decision on moving the zoning office.
April Whitney, an employee in the county road department, also spoke at the meeting. She said she was clocked out and speaking only to represent herself as one of Paulsen’s constituents.
She said she understood concerns about oversights and conflicts.
Whitney also said she encourages other constituents to attend commissioner meetings to share their opinions, especially if Paulsen has to recuse herself.
“As a constituent of her district, I have faith in Becky’s job as an administrator,” Whitney said.
She asked the board to think of other options if the zoning office needs to be moved. She suggested moving it under the county assessor’s office.
Seward County Jail Director Maria Hatfield and county Veterans Service Officer Jeff Baker both encouraged the board and other officials to come together to work out a solution.
Paulsen, whose office recently moved to the courthouse, said if her department needed to move under another department’s supervision, she would prefer it be moved within the same building.
If the zoning/weed department were to move under an elected official’s supervision, Elston said the zoning administrator would be a county staff member instead of an appointed official.
She also said an elected official would have the authority to fire the administrator if the zoning office were to move under another department’s supervision.
However, there is due process for employees, Elston said, like corrective action and progressive discipline. An employee would not be fired after one mistake.
“The goal isn’t to get rid of people,” Elston said, “it’s to make them better.”
The board also has the authority to restructure departments as they see fit, Elston said.
At the end of the meeting, Glawatz said the recommendation to move the zoning department was made in good faith. He also said when it’s back on the agenda on Nov. 20, he wants the debate to be civil.
amanda@sewardindependent.com
