Government

Monday, February 24, 2014

Eureka Releases CM Search Panelists' Names

Posted by on Mon, Feb 24, 2014 at 3:59 PM

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After refusing to do so when asked by the Times-Standard last week, the city of Eureka today released the names of private citizens who will serve on a panel interviewing city manager candidates later this week.

The citizen’s panel is comprised of Kurt Kramer, Heidi Benzonelli, Dale Maples, J Warren Hockaday, Jack Crider and Lorene Dunaway, and will sit down with the three unnamed candidates — one local and two from out of state — on Feb. 26.

See the city’s full press release below. For more information on the city’s search, see past Journal coverage here. And, also, be sure to check out the Times-Standard story by Lorna Rodriguez that pushed the city to release the list of panelists.

The following is a press release from the city of Eureka:

The City of Eureka will be conducting a second round of interviews with 3 candidates for City Manager on Wednesday, February 26, 2014. Council has designed a process in consultation with the City’s recruiter Phil McKenney of Peckham and McKenney. The process is designed to obtain input from the community as well as other City Managers in the area.

That process is as follows:

• Six City Manager candidates were initially interviewed on February 3, 2014 by the Mayor and Council. The top three candidates have been invited back to interview before an oral board made up of community members and local City Managers.

• The Mayor and each councilmember recommended a citizen to serve on a community panel oral board to interview the City Manager candidates. (Panel A)

• Local City Managers, a prior City of Eureka Manager and the County Administrative Officer will act as another oral board to interview candidates. (Panel B)

• Both oral boards will provide input to Phil McKenney of Peckham and McKenney. Mr. McKenney will then meet with the Mayor and Council to review the panel comments.

• Candidates will meet with the Mayor and City Council in a 90 minute interview.

• The Mayor and Council will then either select a candidate or consider additional recruitment steps.

Oral boards are routinely kept private to safeguard the recruitment process to ensure that each applicant receives a fair assessment and to protect the candidate’s privacy. In addition, the City has a legal duty to protect the deliberative process and ensure that the thought processes of the decision-makers, the Mayor and Council, are not impaired. The City of Eureka wants to make sure there is a level playing field for each applicant.

In the interest of transparency, the names of the individuals serving on the oral boards are:

Panel A:
Kurt Kramer
Heidi Benzonelli
Dale Maples
J Hockaday
Jack Crider
Lorene Dunaway

Panel B:
Philip Smith-Haynes
Karen Suiker
Randy Mendoza
Regan Candelario
Jay Parrish
Jim Test
David Tyson

The Mayor and Council do ask that the process be allowed to proceed as designed and that the privacy of the City Manager candidates be respected.

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Saturday, February 22, 2014

Trails Vote Kicks Off GPU Firestorm

Posted by on Sat, Feb 22, 2014 at 5:24 PM

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It seems the Humboldt County Planning Commission has kicked a hornets’ nest. Or, maybe it was just Third District Supervisor Mark Lovelace.

During its sixth meeting to take up the Conservation and Open Space element of the General Plan Update — recently dumped back into its lap by the Board of Supervisors — the commission voted 4-2 on Feb. 18 to eliminate language from the element supporting the creation of a countywide trail system. Despite a general community fatigue on the GPU caused by a seemingly endless decades-long process, the vote immediately raised hackle and brought forth a flurry of accusations at the commission’s meeting two days later. The flurry seems to have begun with a call to arms from a certain supervisor.

“Stop what you’re doing right now and watch in horror while the Planning Commission eliminates trails and open space from the General Plan Update,” Lovelace, who was on the short end of a 3-2 vote to send the element back to the Planning Commission in the first place, wrote on his Facebook page during the Feb. 18 meeting. “This is what’s happening, and it’s truly appalling.” Lovelace followed the post minutes later with another urging trail advocates to get down to Supervisors Chambers “NOW” to address the commission.

The response to Lovelace’s call wasn’t immediate, but a host of trails advocates did descend on Supervisors Chambers for the commission’s Feb. 20 meeting, and let their frustrations be known. Bayside resident John Olson got things started saying he was disturbed by what he’d seen a couple of nights earlier, saying the commission seems to be enacting a “unilateral inversion of the values system that was created by a previous public process.”

But it also became quickly apparent at the meeting that some commissioners have frustrations of their own. Lee Ulansey, voted to the commission by the board last March, blasted Lovelace for mischaracterizing the commission’s action — pointing out (correctly) that the commission simply voted to remove language from the element supporting the goal of a county-wide trail system, but did nothing to “eliminate trails and open space” from the entire plan, as Lovelace charged.

Ulansey also took issue with Lovelace’s commentary on the commission’s actions in general, saying it was an attempt “push us around and force our decisions into a mold” consistent with Lovelace’s ideology and wishes.

In a curious twist, Ulansey then accused Lovelace of being “totally biased and blind” to the needs of disabled people. Ulansey explained that he objected to the use of the word “no motorized” in the element’s stated goal supporting “a countywide trail system that meets future recreational and non-motorized transportation demands,” feeling that it discriminates against disabled people who need all-terrain vehicles to access trails and recreational areas. The commissioner urged all “able-bodied trail advocates” to think long and hard about the effects of such “restrictive language” on “those who are less fortunate.”

Susan Masten, appointed to the commission in 2011 by Fifth District Supervisor Ryan Sundberg, then said she wished Ulansey would have come forward with some of his concerns about disabled access when they discussed the issue a couple of days earlier.

Masten also said she left the Feb. 18 meeting feeling “disturbed” at some of Ulansey’s comments she felt were disparaging to prior work done by the commission. The commissioner went on to say she questions the motives and agenda of some of her cohorts, who she feels are not giving “due consideration” to the scores of people that turned out to provide input earlier in the General Plan Update process and are instead making decisions based on the comments of a select few. “I will continue to encourage the public to attend these meetings, because you need to be here,” Masten said.

Meanwhile, the board is set to consider appropriating nearly $20,000 — $12,625 in General Fund Contingencies and $6,500 in overtime expenses — to pay for a total of 17 special Planning Commission meetings — including the two last week — to take up the GPU elements.

To view the agenda for Tuesday’s board meeting, visit here. Full video of the Feb. 18 and 20 Planning Commission meetings can be viewed here, though the Lost Coast Outpost’s Ryan Burns offers rundowns of the meetings here and here, complete with some select video clips. 
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North Coast Rivers Subject to Low-Flow Closures

Posted by on Sat, Feb 22, 2014 at 2:08 PM

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Looking to grab your rod and pull a nice steelhead out of a North Coast River? Well, you might want to check with the Department of Fish and Game first.

The state Office of Administrative Law recently approved emergency regulations adopted by the California Fish and Game Commission that allow the department to close some waters to angling in response to severe drought conditions throughout the state. On the North Coast, those regulations mean the department has the authority until April 30 to close any river to fishing if flows drop below a certain point.

It seems recent rains have helped the fishing cause locally, at least temporarily, as the Mad River is currently open to fishing. But, folks looking to drop a line into it, the Eel, the Van Duzen, the Mattole, Redwood Creek and the Smith would be wise to call and check first, as fishing in a closed river can come with a hefty fine. Fish and Game has set up a hotline for anglers, which can be reached by calling 822-3164.

Check out the full Fish and Game press release below:

Continue reading »

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Wednesday, February 19, 2014

Supes to Gather Public Input on Budget

Posted by on Wed, Feb 19, 2014 at 4:50 PM

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Looking to cut a projected $2 million in spending next fiscal year, the Humboldt County Board of Supervisors will hold a simultaneous meeting at five locations throughout the county next month to gather input from constituents.

The board will hold a meeting in each supervisorial district at 6 p.m. on March, with each of the meetings linked through video conferencing equipment, allowing all supervisors and all attendees to hear input from each district in real time.

Earlier this month, staff reported to the board that it is projecting a $3.6 million shortfall in the county’s general fund for 2014-15 — a shortfall that includes a $1.2 million structural deficit. County staff is recommending the supervisors reduce spending by $2 million for the next fiscal year, which begins July 1.

Read more about the county’s budget situation here and see the full press release announcing the March 6 meetings below.

Press release from Humboldt County:

Continue reading »

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Sunday, February 16, 2014

New Pot Banking Guidelines Moot in CA?

Posted by on Sun, Feb 16, 2014 at 10:42 AM

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Thanks to some recent direction from the Obama administration, banks are now allowed to do business with folks who make their living in the legal marijuana trade. But, maybe not in California.

In response to a growing uneasiness with the cannabis cash conundrum, spurred at least in part by the introduction of legal recreational marijuana sales in Colorado, the U.S. Department of Justice and the Financial Crimes Enforcement Network issued new guidelines to financial institutions that it appears will allow them to knowingly accept deposits of pot proceeds.

Because marijuana is classified as a Schedule 1 drug under the Controlled Substances Act, the feds traditionally taken a hardline stance with banks, which are forbidden from knowingly doing business with drug dealers. Despite marijuana’s varying legal status in dozens of states, the Department of Justice has essentially maintained that dispensaries are drug dealers and that banks doing business with them, consequently, risked a severe federal response. This leaves folks in the marijuana business either sitting on huge amounts of cash or essentially having to launder their proceeds through personal bank accounts or other businesses.

Thanks in a large part to the legalization of recreational marijuana in Colorado, the issue has received increasing media attention, with a recent Time Magazine story recently detailing how Colorado pot shop owners are travelling with briefcases full of cash, dolling out payroll in $20 bills and financing multi-million dollar construction projects with cold hard cash. Noting that some of Colorado’s marijuana entrepreneurs have taken to storing their money in secret, high-security warehouses, the story quotes Betty Aldworth, a former deputy director of the National Cannabis Industry Association, as saying the lack of access to banking is “the single most dangerous aspect of legal marijuana.”

But the new guidelines promise to change that, allowing banking institutions and credit card companies to do business with marijuana shops and dispensaries as long as they do due diligence to make sure everything is above board.

“In assessing the risk of providing services to a marijuana-related business, a financial institution should conduct customer due diligence that includes: (i) verifying with the appropriate state authorities whether the business is duly licensed and registered; (ii) reviewing the license application (and related documentation) submitted by the business for obtaining a state license to operate its marijuana-related business…,” the guidelines read.

Those two provisions might render the whole thing moot in California, which does not have a state licensing system and, instead, relies on local ordinances to regulate medical marijuana dispensaries and collectives.

Local dispensary owners have historically been tight lipped about their banking status. That’s understandable, but it means the local impact of the new federal banking guidelines and the uncertainty of their application in California remains unclear. The Journal reached out to a number of local dispensaries on the issue, but has not heard back. We’ll update this story if we do.

While there’s uncertainty in California, most in the marijuana movement seem to agree the new guidelines represent a huge step forward. Americans for Safe Access (ASA), a medical marijuana advocacy group, issued a press release saying the new guidelines will make the industry safer for both dispensaries and their patients, who will no longer have to use cash to get their medication.

“We will certainly be working with banks, credit unions and credit card companies to ensure proper implementation of this federal guidance,” said ASA Executive Director Steph Sherer in a press release. “Removing the risks of operating as an ‘all-cash’ business cannot be overstated, but we will also continue to put pressure on the Obama Administration to wrap these types of discrete practices into a more comprehensive medical marijuana policy.”
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Wednesday, February 12, 2014

Arcata's Mendosa to Retire

Posted by on Wed, Feb 12, 2014 at 7:18 PM

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More than three decades after he came to work for the city of Arcata as a bus driver, Randy Mendosa announced Wednesday that he plans to retire his post as city manager in July.

“It’s a great job — I’ve really enjoyed it,” Mendosa said by phone, before adeptly deflecting the praise and attention that came with his announcement. “Arcata’s a really special place to live and work… I’m just really thankful to our really incredible, hard working city employees, without whom we couldn’t have this great city. I want to take this opportunity to tell people how really talented and wonderful this group of people working here is.”

Mendosa earned his first paycheck from the city of Arcata in 1980 as a bus driver for the Arcata Mad River Transit System. Two years later, he joined the police force and went on to work his way up the ranks over the ensuing decades until he was sworn in as the city’s chief of police in 2002.

One day in November 2008, Mendosa said he was running late for a department heads meeting at City Hall when he ran into then-City Manager Michael Hackett, who was leaving the building. “I said, ‘Hey, you’re going the wrong way,’” Mendosa recalled. “He said, ‘I have to go, and can you be acting city manager?’”

It turned out Hackett had received a terminal cancer diagnosis (he died in August of 2009) and wouldn’t return. But Mendosa stepped in and learned the job on the fly. Mayor Mark Wheetley said Mendosa quickly developed a reputation for being a quick learner, treating everyone with respect and tackling whatever the council threw at him. “There’s no problem too small and no task too large for him to undertake and resolve in a positive manner,” Wheetley said.

Mendosa served as acting city manager, and later interim city manager, before the council decided in January 2010 to hand him the reins on a permanent basis. Tom Chapman, who came up under Mendosa in the police department, was then tapped as Arcata’s next chief. Chapman said it’s important to remember Mendosa stepped in at a time of great change for the city.

“City management was really in flux at that time, and the city desperately needed somebody to stabilize the internal dynamics, to provide leadership to the department heads,” Chapman said. “He was able to provide a lot of structure to city hall, and I feel like we’ve seen improvement in communication within the city, with departments working better together.”

For his part, Mendosa said the city had a need and he was happy to help, despite the fact that becoming a city manager was never a part of his career plans. “For a long time, I would say, ‘I’m not a real city manager, but I play one on TV,’” Mendosa said, adding that he grew into the job. “I feel like a real city manager now — I’ve been doing the job long enough.”

Mendosa said it’s time for the city to have some fresh blood come in, and time for him to move into another phase of life. “I don’t intend to slow down, but I’ll do some other things,” he said. Just what do those “other things” include? Well, Mendosa said the only things he has on the docket currently are spending more time with his family and helping with a certain local political campaign. Mendosa declined to say which while on the clock but, after leaving City Hall Wednesday evening said he's looking forward to offering his help to Maggie Fleming's campaign for district attorney.

Meanwhile, Mendosa's departure leaves the city with some big shoes to fill. Chapman said Mendosa’s work ethic, passion for the city and institutional memory will all be missed greatly, while Wheetley pointed to Mendosa’s steadying influence and ability to work with folks from all backgrounds and political persuasions.

Mendosa said the timing of his decision has a lot to do with his confidence in the current city council, which he said is experienced and seasoned and will be able to find a new, capable city manager and show him or her the ropes. Retiring in July, Mendosa said, will also allow a new city manager to step with a budget already in place for the coming fiscal year.

Wheetley was blunt when talking about the task that Mendosa’s retirement leaves the council with. “The process of hiring a city manager is one of the most important decisions a council will face,” he said. “A good city manager can raise the functionality of any city, and a bad one can leave behind ashes.”

Chapman and Wheetley both said that whoever the city hires next will have a tough act to follow in Mendosa. “He’s a consummate professional and just a completely dedicated public servant,” Wheetley said. “I think if we had more Randy Mendosas, the world would be a better place… The people of Arcata really owe a debt of gratitude to Randy and all he’s done for the community over all these years.”
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Huffman Urges Obama to Reclassify Marijuana

Posted by on Wed, Feb 12, 2014 at 2:22 PM

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North Coast Congressman Jared Huffman, D-San Rafael, joined 17 of his cohorts today in sending a letter to President Barack Obama urging him to reschedule marijuana under the Controlled Substance Act.

Currently, marijuana is classified as a Schedule I controlled substance under the act, putting it in the same category under federal law as heroin, ecstasy and LSD and a class above the likes of cocaine, methadone, oxycodone and morphine. The Schedule I designation makes it very difficult to conduct legal testing on marijuana in the United States, as it can only be done with federal permits, which, as one might imagine, the government doesn’t give out very often.

In the letter, the members of Congress urge Obama to ask Attorney General Eric Holder to reclassify under the Controlled Substances Act of 1970.

“We were encouraged by your recent comments in your interview with David Remnick in the Jan. 27, 2014 issue of the New Yorker, about shifting public opinion on the legalization of marijuana,” Huffman and company wrote. “Classifying marijuana as Schedule I at the federal level perpetuates an unjust and irrational system. We request that you instruct Attorney General Holder to delist or classify marijuana in a more appropriate way, at the very least eliminating it from Schedule I or II.”

Read the full letter below, and the Journal’s coverage of Obama’s New Yorker comments here.
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Tuesday, February 11, 2014

Biologist Pleads Guilty in Yurok Embezzlement Case

Posted by on Tue, Feb 11, 2014 at 5:25 PM

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A local biologist pleaded guilty today to a single federal count of conspiring to embezzle funds from an Indian tribal organization stemming from the bilking of nearly $1 million in federal funds from the Yurok Tribe over a three-year period beginning in 2007, tribal spokesman Matt Mais confirmed.

According to court documents, Mad River Biologists founder Ron LeValley conspired with former Yurok Tribe Forestry Director Roland Raymond to steal the funds through a complex scheme fake and inflated invoices and payments for northern spotted owl survey work that Mad River Biologists never performed. Last month, a judge sentenced Raymond — who also pleaded guilty to the single conspiracy count — to serve 36 months in federal prison for the grift.

LeValley is scheduled to be sentenced May 20. The terms of his plea agreement had not been made public as of this afternoon.

Raymond faced a maximum of five years in prison, but received a lesser sentence, in part, due to his cooperation with a federal investigation that led to LeValley’s being charged in the case. Raymond, whose attorney claimed he committed the theft to support drug and gambling addictions, was also ordered to repay $852,000 that he stole from the tribe.

According to court documents in the case, Mad River Biologists submitted more than 75 false invoices between 2007 and 2010. Under the scheme, Raymond would then cut checks from the tribe and LeValley would funnel the money back to him, less 20 percent taken off the top.

The survey work that was never done was primarily looking for habitats for the federally endangered northern spotted owl to determine what tribal properties could be logged without harming owl populations. It’s unclear whether Raymond and LeValley’s conspiracy affected timber harvest plans or led to the destruction of potential owl habitats.

In his plea agreement, Raymond said he initially told LeValley that the scheme was intended to provide Raymond with money to pay the tribe’s forest crews, though the stolen funds were never used to that end.

In addition to having founded Mad River Biologists in Arcata, LeValley is an acclaimed wildlife photographer and birder, and was a member of the Marine Life Protection Act science advisory team for the North Coast. He lives in Mendocino County.

According to court records in his case, prior to today's change of plea hearing, a federal judge granted a request from LeValley modifying the terms of his bail to allow him to attend an annual Pacific Seabird Group meeting in Juneau, Alaska later this month.

For more information on the case, see past journal coverage here and here.
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Sunday, February 9, 2014

County projecting large budget deficit

Posted by on Sun, Feb 9, 2014 at 4:53 PM

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It looks like the Humboldt County Board of Supervisors will have some tough decisions to make in the coming months.

The board is slated to receive its mid-year budget update Tuesday, and the news is pretty grim. According to the staff report, County Administrative Officer Phillip Smith-Hanes is expected to tell the board that the county is looking at a projected $3.6 million shortfall in the county general fund for the 2014-15 fiscal year. Smith-Hanes estimates the county will go into 2014-15 with about $3.7 million in reserves. The board approved $2.9 in spending from the account this fiscal year to pay for liability fund expenses, economic development set aside, emergency management grant purchases and ambulance service in eastern Humboldt County, which drew the reserve fund balance down to about $2.8 million. Fortunately, the county is forecasting that it will end this year with about $900,000 more in revenue than it had budgeted.

Of the projected shortfall for 2014-15, about $1.2 million is a structural deficit — meaning recurring expenditures are far outpacing annual revenue estimates. Another $2 million is due to increased health insurance, retirement and worker’s compensation costs.

Smith-Hanes is recommending that the board prepare to shave $2 million in spending from next year’s budget by cutting “non-essential services,” restructering departments, improving county processes or “community partnership development.”

In an interview with the Times-Standard, Second District Supervisor Estelle Fennell said that — given the county’s long-term economic forecast — the board should look at this budget process as the “new normal.”

“We should look at combing some departments or combining services,” Fennell said.

County staff will look for some direction from the board Tuesday so it can begin preparing a full rundown of options for the board in advance of the July 1 start of the next fiscal year. Read Smith-Hanes’ full report here, and check out the full Times-Standard story here.
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Friday, February 7, 2014

Updated: Friendly Fire: Police Association in Dispute with City

Posted by on Fri, Feb 7, 2014 at 7:54 AM

Fortuna police officers seem to be experiencing some growing unfriendly feelings toward their city.
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Charles Ellebrecht, a sergeant with the department and president of the Fortuna Police Employees Association, took the podium during the public comment period of Monday’s council meeting and aired a grievance that it appears has long been simmering behind closed doors. At issue is a 3 percent raise the council approved for City Manager Regan Candelario back in September — a raise that the association claims puts the city in violation of its contract with police employees.

Reached by phone Thursday, Ellebrecht said the city and the association — which represents 15 department employees — reached an employment agreement last July, after months of negotiations. Because the city was in rough financial shape – facing a $500,000 budget deficit for 2013-14 fiscal year, according to reports in the Times-Standard – Ellebrecht said the association agreed to forgo its push for raises and cost of living adjustments. In return, the city assured the association that, in the interest of equity, if it gave raises to any other city employees, it would give equal raises to cops, dispatchers and police service officers.

“The parties agree that should any other city employees… receive an increase to wages, other than a merit increase for members of the city’s two bargaining units, during this agreement, all members of this bargaining unit would receive the same increase to be effective on the same date,” reads the agreement approved by the council Aug. 5, 2013.

Then, the city turned around and — after Candelario’s performance review by the council on Sept. 15 — gave the city manager a 3 percent raise to his $107,000 salary. The raise was a provision of the contract that Candelario, who is not a member of one of the city’s two bargaining units, signed in 2012. He’s also due a 5 percent bump later this year, pending another performance review.
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The association’s take is that its members are now due a 3 percent raise, retroactive to the day of Candelario’s. But, according to Ellebrecht, Candelario is claiming no such raise is in order. The city manager, Ellebrecht said, told him the city would “vigorously” defend itself from any litigation brought by the association on the issue.

The Journal connected with Candelario on Tuesday, and the city manager the agreement reached with the association, and specifically the "me-too clause," was intended to be forward looking, pointing out that the raises written into his contract were agreed to by the council in 2012.

"If you're going to look backward on a me-too clause, then you're going to be giving raises based on every other (cost of living adjustment) that's been given in history," Candelario said. "It just seems absurd to me to think that was the intent of the city when we signed a tentative agreement that included the clause."

Council members didn’t have much to say on the issue. Councilman Dean Glaser said he was unaware of the situation until Ellebrecht’s comments Monday, and declined to comment further. Mayor Doug Strehl similarly declined to comment.

For his part, Ellebrecht said the issue isn’t doing anything good for morale in the department, noting that Fortuna’s officers are already some of the lowest paid in the area and are policing an increased geographical area due to the annexation of Campton Heights and a growing population with the same number of cops.

“Officers are stretched thin and overworked, and I don’t feel they’re being fairly compensated,” Ellebrecht said.

Candelario said the city's intent is to treat all its employees equitably.

"The whole point of a me-too clause is we're going to try to be as fair as possible, and that's our intent: to be fair," he said.

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