Years ago, Dr. Laurence J. Peter wrote a book, The Peter Principle, the theme of which was that people advance to their level of incompetence, and then remain there to the detriment of the business or enterprise in which they are involved. In recent years, this concept has become combined with a lack of responsibility by individuals to fulfill their obligations to others. This combination, plus ignorance of what the position of City Councilman entails, has become commonplace in the New Philadelphia City Council.
The following example is illuminating.
For some months now, the Special/Contact Committee, Mr. John Zucal, Chairman, has been dealing with a gas aggregation issue for the city. The aggregation theory is that if a number of citizens go with a single gas supplier, the rates charged to them as a group will be less than what they can obtain as individuals. For the most part this is true. The Administration chose to accomplish this through the services of a broker specializing in obtaining these prices.
In the attempt to obtain an aggregate natural gas supplier, the Special/Contact Committee has failed to perform its obligation to the City Council and, as a direct result of that failure, its obligation to the citizenry of New Philadelphia.
Consider the following:
The selection of Buckeye Energy as a broker for the City was done without due diligence on the part of the Contact/Special Committee. Prior to the vote accepting Buckeye as the City’s sole agent, no other broker was interviewed by Zucal’s committee. When asked by Councilwoman Sandy Cox if Buckeye Energy’s performance was investigated, Zucal replied references given by Mr. Bellish were checked and he was satisfied with Buckeye and Bellish’s performance. When Cox reported other municipalities had concerns with Buckeye, Zucal stated that the mayor and he were satisfied with Bellish. The question was closed, no further response was forthcoming.
Mr. Bellish recommended Direct Energy as the preferred natural gas supplier to the citizenry. Mr. Zucal concurred, recommending City Council approve his recommendation. Then it became apparent Direct Energy, who had recently been the supplier for the City of New Philadelphia, was in a disagreement with the City because of its performance. Although Buckeye Energy did not uncover this disagreement, Zucal permitted Buckeye to propose another company, Constellation New Energy Gas Division. No inquiry was made into Constellation by Buckeye or Mr. Zucal’s Committee. A check of Constellation by New Philadelphia Tattler, revealed a penalty of five million of dollars imposed by the Federal Government for its avoidance in following government regulations concerning its gas distribution practices which is yet unexplained. When this was brought to the attention of Mr. Zucal, he made no comment and no follow up was reported by his committee.
When the legislation was presented to City Council to accept Constellation New Energy Gas Division LLC as the “approved supplier” on November 22, 2010, the Administration and Mr. Zucal hoped the acceptance of Constellation would pass on the first reading. “No” votes by Councilwomen Sandy Cox and Winnie Walker, who objected to their late receipt of the Constellation agreement, prevented its passage. Cox stated that she did not have sufficient time to read the agreement, a feeling shared by Walker. As a result, the vote to waive the rule requiring three readings before voting on the resolution failed. Mr. Zucal commented in a later interview, that it didn’t pass because of a “bureaucratic SNAFU ”.
A letter from Robert Conner to Mr. Michael Johnson, City Law Director, concerning the terms of the Constellation agreement, was forwarded to the Mayor and City Council, and subsequently published on this blog site (see blog New Philadelphia Gas Supplier Agreement Questioned). Because of questions raised by that letter, Mr. Zucal, at the December 13, 2010 City Council meeting, requested Resolution 58-2010, the acceptance of Constellation as the gas supplier for the City, be tabled until January 10, a request passed unanimously by City Council. Cox read a statement after the vote in which she stated her concerns about past financial and operational practices which brought about the federal inquiry and fines to Constellation. In an interview with the news media, Zucal stated that Mayor Taylor didn’t have time to look into the gas aggregation situation and that is why he, Taylor, hired Bellish to seek out a company for him. In addition, he told the media, “The information Sandy (Cox) shared, although somewhat relevant, is really insignificant at this point in time.”
Which brings us to the heart of the matter. Who has the responsibility for getting this legislation passed through City Council? Certainly not Mayor Taylor who can only request such legislation. Only City Council has authority to pass legislation.
The structure of City Council is such that any legislation first must pass through an appropriate committee before it reaches the Council floor.
It is the responsibility of the Committee to which legislation is assigned to investigate, using due diligence, to obtain all the facts pertaining any resolution or ordinance assigned it. It is the responsibility of the Chairman of that Committee to lead and direct such investigation and deliberation required to provide answers to council members when asked. It is the Chairman’s responsibility to oversee and approve ordinances and resolutions prepared by the Law Director, assuring they are what the Committee recommended, and are written as to be understandable to all who read them. It is his responsibility to provide direction to his committee, request their input, and to reach agreement within his committee before presenting legislation to the full Council.
Committee members should aid the chairman in finding information which is important in understanding the legislation. They also have the responsibility to seek out data which could effect the final legislation as well as the floor vote. Their input to the chairman should be pertinent, accurate, and timely, providing both pros and cons with which to judge pending actions.
The discussion, or lack of it, which took place during the attempt to pass Resolution 58-2010 is memorable because it reached a low point in the activities of New Philadelphia’s City Council. It is a memorial to ineffectiveness. Questions asked by council members were unanswered or ignored. Deficiencies of companies vying for New Philadelphia’s business were accepted without question. Delivery prices of natural gas were never quoted. Bellish provided questionable information which the Committee never questioned. Competitive bids for agents and suppliers were not requested as required. The Committee Chairman placed blame for his lack of information on the Mayor, the lack of passage of the resolution on incompetence of members of the Council, both allegations unfair.
The condition of New Philadelphia’s City Council is the result of citizen apathy. Individuals with potential to serve on City Council choose not to run. Unqualified people sit on Council by default. Being the only candidate for a ward seat is not an election and leads to indifference.
Legislation is passed by council members who do not understand its language or its implications.
A council member who does not take his position seriously, does not accept responsibility of the position, does not act to represent the people who elected him, does not ask questions or do the research required to gain knowledge of the issues before he votes, and does not understand how the system works, has no moral right to claim a council seat.
Attempting to legislate for New Philadelphia requires a dedicated council of seven members. You have lost control of your city through incompetence of many City Council members. Take it back. Do not let your future be decided by part-time council members who neither understand nor have a commitment to the responsibility which comes with the position. Citizens, you must become involved. At the very least, attend Committee and City Council meetings. Consider running for office. You owe it to yourself and your city.
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