Blogging Bayport Alameda

April 10, 2012

A certain appeal, part 2 of 2

Filed under: Alameda, City Council — Tags: , , , , — Lauren Do @ 6:00 am

Continued from last week”s post.  Of course David Kapler is not the only one with a lawsuit against the City, former Interim City Manager An Marie Gallant’s case is also in the appeals court over pretty much the same issue of the lower court dismissing the SLAPP motion proposed by the City’s lawyer.

In the City’s brief in Ann Marie Gallant’s case — who of course based her lawsuit on the contention that she was retaliated against for being a whistleblower essentially due to her role in the Lena Tam debacle, but here the City questions the consistency of that contention since AMG’s own statements pin the blame on Michael Colantuono for the whole investigation and sending the letters to the DA, which would make him, in fact the actual “whistleblower”:

And of course simply because Ann Marie Gallant contends that the activity was “illegal” does not make it so, from the City’s brief:

I also enjoyed this bit of snark under the section where the City addresses Ann Marie Gallant’s claim that it would have been futile for her to attempt to apply for the job of permanent City Manager:

In Ann Marie Gallant’s response she essentially alleges that Colantuono was a “conduit” for her whistleblowing — notwithstanding the whole failure to actually prove that anything illegal occured — and here’s an interesting bit, because she is claiming that the non-renewal of her contract notice was void AND she has not received any subsequent notice of non-renewal she is still, technically, still under contract.

21 Comments

  1. Interesting how opinions and stories Change.

    Alameda has a New City Manager
    April 2, 2009
    Alameda got a new (2-year [minimum] interim) city manager last night. Ann Marie Gallant And the vote was most interesting. 3-2 with Tam and Gilmore dissenting.

    Which begs a lot of questions about everything that’s been circulating about the departure of Debra Kurita, our last City Manager. Given her severance package, it appears that while “mutual,” she was asked to resign. But was it unanimous? Last night’s vote would not make it appear to have been so.
    I have really enjoyed watching Ms. Gallant at the council meetings, she’s sharp, laser-focused and can explain complicated issues in a very uncomplicated way. And who can hate the blackboard she pulls out during council meetings.

    So a couple of interesting things, first, she was City Manager in Desert Hot Springs until the Fall of 2007 when she announced that, and this seems like déjà vu:

    “While we all share the ultimate vision for the City of Desert Hot Springs, we do differ in the ways in which to achieve that vision,” Gallant wrote in her brief letter of resignation released Tuesday.

    Let’s be careful with this, she was well respected by the citizenry as far as I can tell, especially for her fiscal stewardship. After she left, citizens demanded to know why and held meetings. They even started a petition. They missed her. I’m not saying she left because she did a bad job.

    One things for certain, city staff might be sleeping a little less comforatably these days, Ms. Gallant appears to have a history of trimming back staff:

    While Ann Marie Gallant was city manager, the city reduced city staff by 31 employees. Overall city staff went from 111 to 80. Six of those laid off were police officers, leaving us with 25 authorized police officer positions.

    Which brings us back to the 3-2 vote.

    It will be interesting to see how the budget discussions (especially the layoffs and consolidations that were mentioned during the meeting) continue in coming months.

    And lastly, Ms. Gallant appears to have served as a great Finance Director, but now she’s moving into a new position, how will this play out in the coming budget discussions, will she be doing the finance work as well as running the city? And will any finance person brought in under her be given the authority to do the finance work that needs to be done? It’s a big, important question in these economic times. Hopefully it will work out in the end

    http://www.johnknoxwhite.com/2009/04/02/alameda-has-a-new-city-manager/

    Comment by John — April 10, 2012 @ 6:29 am

  2. Let’s be careful with this, she was well respected by the citizenry as far as I can tell, especially for her fiscal stewardship. After she left, citizens demanded to know why and held meetings. They even started a petition. They missed her. I’m not saying she left because she did a bad job.

    Comment by Dr Poodlesmurf — April 10, 2012 @ 7:59 am

  3. Ann Marie Gallant, the wicked witch of city government, exploded into smithereens when exposed to Alameda sunshine. Too bad she refused to rest in peace by filing such a farcical lawsuit that will only reveal that she, like Kaplwe, took public monies to pay for her pet projects to satisfy a bloviated sense of entitlement. We are still cleaning up her mess at city hall because she forgot to pay millions in bills.

    Comment by City Hall Insider (CHI) — April 10, 2012 @ 8:22 am

  4. so poodls-troll was it the same 10 people at the meeting who also signed the petition, who also miss her or was it just you.

    Comment by John P. — April 10, 2012 @ 11:11 am

  5. 1. and 2. what is the supposed implication which caused you to strip and paste ? I don’t see any inconsistencies between then and now, just a progression based on her actions here to a more expanded understanding of her over all m.o.

    Comment by M.I. — April 10, 2012 @ 4:30 pm

  6. I am glad she is gone and I hope the City gives her not one dime, considering her actions while the Interim City Manager. John Russo, our new City Manager is smart, capable and forward thinking. I believe he tries to appeal to the best in us, and not the worst, as I always felt she did.

    Comment by Kate Quick, — April 10, 2012 @ 5:28 pm

  7. 5

    Just seems like a old Catfight and alot of BS thats been going on for awhile…With Gallant , Gilmore and Tam….Keeps costing City Monies and Time because everyone on a different page and wages war within and can’t work together.

    Same thing happened at Fire Department that Cost us 670,000.00 in Lawsuit because 2 Firefighters couldn’t get along and couldn’t resolve issues internally and leads to huge lawsuit over CS stuff.


    Laurens Comment

    “I also enjoyed this bit of snark under the section where the City addresses Ann Marie Gallant’s claim that it would have been futile for her to attempt to apply for the job of permanent City Manager:”

    Alameda got a new (2-year [minimum] interim) city manager last night. Ann Marie Gallant And the vote was most interesting. 3-2 with Tam and Gilmore dissenting.

    Gallant Knew She had NOOOOOOO Case for being City Manger. Tam and Gilmore voted against from her Start.

    Comment by John — April 10, 2012 @ 8:48 pm

  8. It appears to me when you have any City Manager or Fire Department head that tried to show Fiscal Responsibilty and looked at Pay Cuts within Staff they are herded up and sent out of town on same horse they came in on.

    Just like anyone running for any political position in Alameda. If they mention anything in regards to pay cuts and fiscal responsibility they are tarred and feathered with hit pieces.

    The City Elections are largely funded by Canidates Controled by Staff and we now see the results of this as a City financially and all the things Alameda Residents have sacrificed for our employees.With Deferred Maintance and Citys great assets and services coming in last in Priorities.

    Right or Wrong It’s Just the Reality of the Situation..

    Comment by John — April 10, 2012 @ 9:17 pm

  9. Psst, John. Have you seen what AMG cost the City in the long run with her shenanigans? For all the show with layoffs, etc., she spent a ton of money on unnecessary contracts, goods and services. If staff were as powerful as you claim, she would not have been hired as the Interim City Manager in the first place.
    And, she could very well have applied for the permanent City Manager position. No one needed to ask her to do so; it was up to her to put in her application just like anyone else. She made the choice. It is like the lottery – you have to buy a ticket to win. If you lose and you didn’t bother to get yourself a ticket, no one is going to give you anything. She can’t whine that she didn’t get the job if she made no effort.

    Comment by Kate Quick, — April 10, 2012 @ 10:09 pm


  10. “If staff were as powerful as you claim, she would not have been hired as the Interim City Manager in the first place.”

    Churchlady..I was just trying to put puzzle together…JKW apparently had different view at time……And he pretty much parrots the City view of every situation. and his Comments were

    “I have really enjoyed watching Ms. Gallant at the council meetings, she’s sharp, laser-focused and can explain complicated issues in a very uncomplicated way. And who can hate the blackboard she pulls out during council meetings.”

    “And lastly, Ms. Gallant appears to have served as a great Finance Director, but now she’s moving into a new position, how will this play out in the coming budget discussions, will she be doing the finance work as well as running the city? And will any finance person brought in under her be given the authority to do the finance work that needs to be done? It’s a big, important question in these economic times.”

    I agree with your Statement

    “She made the choice. It is like the lottery –”

    And her chances of being appointed City Manager with Gilmore and Tam and Bonta were about Same Odds as Powerball……..One in 13,983,816…Even in a two horse race.

    I’m not defending anyone. Just trying to make sense of this.

    Comment by John — April 11, 2012 @ 2:41 am

  11. John: I think you are reading more into JKW’s analysis than was actually there. I liked AMG during her stint as the Interim Finance Director too and gave her a fair chance to prove herself as a competent administrator. I think the fact that JKW gave her a chance to prove herself instead of being against her appointment from the start means that he was not knee-jerk against her. Also, I believe both Marie Gilmore and Lena Tam voted against her appointment as Interim City Manager because they disagreed with a two year contract for an “Interim” position, not because they were “against her” from the start. I would say that a two-year contract is a long time for something that is supposed to be transitional. Of course that is when AMG assured the City Council that she would start a search process for a permanent City Manager immediately, but opted to never do that.

    Comment by Lauren Do — April 11, 2012 @ 6:29 am

  12. John@10: You have a good point. Launching false accusations against your boss, lying to the City Council, cooking the books, working with Cowan on a back room deal to swap the Mif, and promising Kemper public bond funding would not have endeared Ann Marie Gallant to this very smart council majority.

    Comment by City Hall Insider (CHI) — April 11, 2012 @ 8:55 am

  13. Lauren,

    I’m not defending AMG just trying to make sense out of this. I know people have a tendency to throw rocks and drop boulders on anyone that is not around to defend themselves when Sh-t hits the fan and anything that has gone wrong in past.

    This Golf Course Mif Muffin is one example…Bev Johnson was Mayor at the Time when AMG was appointed and Cowen was her Major Piggy Bank for all her campaigns..To say this was AMG idea and her backroom deal seems to be a Boulder being dropped maybe on wrong person.. I don’t think this was an idea cooked up by AMG if not directed to do by the powers at be. I don’t think Staff and Lillard would have been misleading public til as late as Feburary on Miffffffff if this Mayor and Council didn’t direct them to be the Ponies in the Dog and Pony show put on by Cowen.

    To revise story now seems like huge Mif Muffin being dropped by CHI on the Alameda Residents.

    Comment by John — April 11, 2012 @ 11:21 am

  14. John: I’ve tracked the saga of the Mif swap for a while now, and while AMG doesn’t carry all the burden of carrying the Mif swap with Ron Cowan to fruition, she was definitely a huge player in the getting the idea to where it ended up. Certainly the deals promised to Kemper regarding the public bond financing even though the expectation was that Kemper would put up the capital for improvements at the Golf Complex was something that was proposed without City Council knowledge so it’s not out the the realm of possibility that AMG would cook up other “ideas” without the blessing of the City Council. There are lots of other examples of AMG making promises, cutting deals, and issuing contracts without the approval of the City Council, before that November election she had the security of three solid votes behind her so she was probably feeling pretty invincible.

    Comment by Lauren Do — April 11, 2012 @ 11:51 am

  15. Lauren

    Watch all the past meetings and actions by Council and the Mayor and Staff regarding Swaping Miffffff.

    They didn’t stop backing off til they finally realized trying to sell this was Huge Frkn Mistake.

    To lay this BS of AMG as the Culprit of the MIF fiasco is a little like thinking everyone had a lobotomy and has

    been in a coma and your just refreshing their memory..

    The Gravity from the drop of Miff Muffins doesn’t lead to much credibilty

    from so called “Insiders” on a itch Hunt whether it be a “B” or a “W”

    Comment by John — April 11, 2012 @ 3:22 pm

  16. John: I have watched all the meetings and I would suggest that your opinion on the tenor and tone of the meetings reflects your predisposition to be suspect of the elected officials. As I said above AMG does not carry the entire burden of the Mif swap idea, but to absolve her of responsibility because she is no longer around minimizes her very large contribution to carrying the issue to the point where Russo took over.

    Comment by Lauren Do — April 11, 2012 @ 5:12 pm

  17. The City Manager at the time was AMG and was Directed by Mayor Beverly Johnson, Council and Staff to persue selling MIF..The City was in a bad way financially ..Her Huge Contribution towards what went on appears to me came from the Huge pressure that she was recieving from above. I’m not Defending her…..Just looking at what transpired…Some would like to place the whole burden on her…….I’m not……So we Frkn agree on that..Frkn Milestone. But that didn’t stop New Mayor and Council to keep persuing Sale of Mifffff

    Comment by John — April 11, 2012 @ 6:00 pm

  18. It is sad but not unexpected to see City Hall Insider verifying what I heard from multiple reliable sources inside City Hall during much of the former Interim City Manager’s tenure. AMG was able to fool some of us for a while as to her “modus operandi.” as Mark Irons put it, but she could not hide her ulterior motives and broken promises from everyone forever. I do not understand John’s belated and apparent campaign to figure out what happened: all he has to do is realize the sad truth of what CHI and others have been saying for years….

    Comment by Jon Spangler — April 12, 2012 @ 12:03 am

  19. Jon I was just trying to put this puzzle together on why this City has so many Damm Lawsuits and why we go thru so many City Managers and Department Heads in a few Key Positions, From the bleachers it appears to be a little out of the Norm. It’s NO Campaign and I have no political Agenda.

    I also hold many who served the City in Very High Regards. They were neighbors and Family Friends. They also had one thing in Common. …..To make Alameda a Great City… I just see the whats in it for me attitude prevailing and most of the Cities Staff in some key Departments don’t even live here anymore. We have lost that bond.

    I know these are very tough Times for everyone in Government. I hope John Russo can Rally the troops and turn this around at least for Alameda. I know he has some great people to call on.

    Comment by John — April 12, 2012 @ 2:22 am

  20. John and Jon, don’t you two ever sleep, I can’t stay up that late even on New Years.

    Comment by John P. — April 12, 2012 @ 1:59 pm


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