Where is Dean's due diligence on appointments?

You would think with the recent IQT debacle, the Mayor's Office would be pausing to revise its commitments (or lack thereof) to due diligence of its executive decisions. Despite claims by uncritical supporters that Karl Dean exercised due diligence in the case of IQT, it is not clear that due diligence or process mattered.

I heard from a Nashville leader who had been corresponding with IQT that the company refused to supply Metro with "standard due diligence" items that could have allowed background and financial checks. According to that insider the city did not spend "a ton of time" on the IQT deal. Metro saw the prospect of new jobs, "got excited" and made it easy for IQT to move without the due diligence items.

That leader's perspective is consistent with a July 22 Nashville Business Journal report that the "unraveling" the IQT deal revealed "no consistent, coordinated effort ... for vetting companies that seek tax money in Tennessee."

Weeks later we are approaching what should be a strictly Metro Council appointment to replace David Torrence at Criminal Court Clerk. Yet, Karl Dean has already usurped control and anointed former Vice Mayor Howard Gentry, who is generally above reproach, but he has few credentials for a job in Criminal Court and he might not even qualify for a short list of candidates to the position. This anointing sends a clear signal to the rubber-stamping Dean-wing CMs how to cast their votes during next Tuesday's council meeting; for the lazy, voting with Dean means CMs not having to be responsible for due diligence.

So, of course, Mr. Gentry will sail through next week without any objective procedure determining his selection. But this is not the first time Mayor Dean has picked people for departments, boards, and commissions because he knows them and not because they were objectively judged to be the best candidate for the position. The litany of cronyism:

• Ana Escobar, Metro Clerk (was with Dean at Public Defenders’ Office. No one else interviewed.)
• Rita Roberts Turner, Human Resources Director (was with Dean at the Public Defenders’ Office. Proved not to be a good fit as Dean's Chief of Staff. At job opening, Dean moved her, with no one else interviewed.)
• Keith Durbin, Metro I.T. Director (moved up from Metro Council. No one else interviewed.)
• Stephen Anderson, Metro Police Chief (promoted, with no national search conducted.)
• Billy Fields, Mayor’s Office of Neighborhoods (no one else interviewed.)

While those appointments were Dean's to make, the Mayor's selection of Dawn Deaner to Public Defender (she was also with Dean when he was at that office), was the council's, but according to one source I spoke with, Dean cued the rubber stamps on his support of her appointment.

Compare Dean's record to that of Dean's predecessor, who had a thorough vetting procedure that included nationwide searches, pro recruiting firms based on competitive bids and finally, local selection committees. I found out that the selection process produced brochures describing relevant departments, positions, qualifications and duties. The firm and committee typically submitted a "short list" of candidates to the relevant Board or Commission, which then shortened the list further to finalists to present to then-Mayor Bill Purcell. Consequently, the appointments came from all over the country and went to highly qualified candidates:

• Ronal Serpas, Metro Police Chief (recruited from Washington State)
• Scott Potter, Metro Water Services (locally grown, but demonstrated qualifications)
• Rick Bernhardt, Metro Planning Department (again, qualified and local)
• Dr. Bill Paul, Metro Health Department (recruited from Chicago)
• Roy Wilson, Metro Parks Director (recruited from Houston)
• Rick Connor, Public Works Director (recruited from Texas)

If the Mayor is going to usurp what little power the Metro Council has, common sense would dictate that he should only do so to assure due diligence and procedure in selecting candidates for office rather than simply doing so to advance his own interest in surrounding himself with unquestioning loyalists. The lack of process sends a terrible message to the departments, boards and commissions that they do not have to exercise due diligence themselves. The appointment of Jennifer Cole, wife of Dean supporter, CM Erik Cole, to the Metro Arts Commission may have been mimicry of dubious diligence since Ms. Cole had no arts experience before her appointment. Not only does a lack of process expand cronyism, but it also increases the chances that leaders across the system will rush to IQT-like washouts again.

By the way have you noticed that the media is deafeningly silent on these hiring ethical dilemmas? I've heard that we may see stories raising questions about the lack of searches after Howard Gentry's appointment, but not until then. What are the journos afraid of?

Rule change takes Metro Council a step away from the community rabble, social protest, and democratic process

After a Tennessean local beat writer announced via Twitter that rules were being considered to muffle the people's mezzanine area outside of Metro Council chambers on council meeting nights, I e-mailed the Metro Clerk with the following questions:

I am curious as to what past events precipitated the change in council rules to limit citizen events in the Courthouse and to disallow broadcasts from those events? Could you please e-mail me the minutes from the executive committee meeting where these rule changes are being considered? Who is sponsoring this rules change? Am I correct in concluding that the media will no longer be allowed to broadcast citizen views of pending council action from inside the Courthouse if these rules are approved? Is it fair to say that the media would be limited to live broadcasting only council member opinions on council meeting nights given that the mezzanine would be off limits?

The Metro Clerk responded thusly:

No Council rules have been amended to disallow broadcasts or limit citizen events on Council meeting nights. The discussion that occurred was focused on activities on the 2nd floor mezzanine of the Courthouse, which is the space between the Metropolitan Clerk's Office/Council Chamber on the east end of the Historic Courthouse and the Council Office on the west end of the floor on the second floor .... The purpose of the discussion was to address safety, security, and disruption factors in that second floor area.

Inasmuch as the acoustics in that space are improved only minimally with amplification and loud amplification (such as used for tax sales) can be very distracting, it was recommended that no amplification be allowed at any time in the mezzanine area. Further, on Council meeting nights, because the Council convenes 30 minutes in advance of its start time for Councilmember announcements , it was recommended that all such events on the mezzanine conclude at least 30 minutes prior to the Council meeting start time.

There was no suggestion that interviews, either with the public or Councilmembers, could not occur in the Metropolitan Courthouse. Whether or not it would be beneficial to have a convenient, designated area for interviews was mentioned, but more thought will be given to this idea before any recommendation is considered.

Live broadcast of radio or television programs from within the Courthouse, during the progress of a Council meeting was discussed. Again, this was not referring to interviews, but to live broadcasts of programs. The Sheriff, who now oversees Courthouse security, will be drafting a policy regarding this, from the standpoint of safety and security issues, as there has been concern about the crowded area on the east end of the mezzanine, including the space at the top of a long flight of marble stairs where traffic backs up , both before and during Council meetings. To my knowledge, no policy has yet been issued.

The group that assembled for this discussion was persons involved with the Council and with Courthouse safety and security. Among those present were Vice Mayor Diane Neighbors, Council attorney Jon Cooper, Sheriff Daron Hall, Metropolitan Clerk Marilyn Swing, representatives of Metro3, and support staff. The meeting was convened at this time because of the concerns stated and so that policies could be considered and, if necessary, put in place before any specific requests for future event scheduling are received.

In an interview with the Tennessean this morning Vice Mayor Neighbors, who I suspected of being the force behind these control measures the minute I learned of the news, indicated that the rest of us need to be "more respectful of the meetings in progress." As if the meetings have nothing to do with the rest of us.

Live broadcasting or organized efforts to influence council action in public space outside of the narrow lens of Metro 3 and the compulsory strictures of council hearing podiums do not impinge upon any civic process outside of Ms. Neighbors own draconian control issues. There are plenty of measures for safety and security in the mezzanine stairwell to consider without empowering Sheriff Daron Hall to cordon off "free speech" zones far away from the Metro machine.