Committee Report CR-1

The Government Operations and Rules Committee held a public meeting on Friday, June 22, 2012 beginning at 10:06 AM in the Ackermann Room.

The purpose of the meeting was to have an initial discussion with the City Manager to develop a comprehensive short and long term succession plan.

Present at the meeting were Councillor David P. Maher, Chair of the Committee, Councillor Minka vanBeuzekom, Councillor Marjorie Decker, Councillor Timothy Toomey, Jr., Councillor Kenneth E. Reeves, Vice Mayor Denise Simmons, Robert W. Healy, City Manager, Richard Rossi, Deputy City Manager, Matt Nelson, Chief of Staff, Mayor's Office, Leo Gayne, Aide to Councillor Maher, Jason Alves, Aide to Councillor Toomey, John Clifford, Aide to Councillor Reeves, Sandra Albano, Executive Assistant to the City Council, Interim City Clerk Donna P. Lopez and Paula M. Crane, Administrative Assistant, City Clerk's Office.

Also present were Terry Smith, Director of Government Affairs, Cambridge Chamber of Commerce, Robert Winters, 366 Broadway, Michael Brandon, 27 Seven Pines Avenue, Gregg Moree, 25 Fairfield Street and Saul Tannenbaum, 16 Cottage Street.

Councillor Maher announced that this is the first time teleconferencing is being used.  He announced that per the guidelines contained in Agenda Item Number Three of May 14, 2012

a majority of the Government Operations and Rules committee is physically present in the meeting.  Councillor Cheung, a member of the committee, was present via teleconferencing.  Mr. Healy outlined the details of the teleconferencing issue and stated that the City Council should set guidelines.  He stated that the chief executive officer of a municipality has the power to authorize remote participation.  Such remote participation shall apply to all public bodies.  As a result all local bodies will utilize this mechanism.  There must be a quorum in the room with the mayor or the chair of the committee.  We are in compliance with the Open Meeting Law.  At this point Councillor Cheung stated that he could hear the proceedings clearly.

Councillor Maher stated that since this issue would take considerable time, it made perfect sense to wait until after the budget process was completed.  He further stated that to his knowledge there has not been a citywide city manager selection process.  He asked Mr. Healy to comment on this matter.  Mr. Healy stated that there has never been a real search that produced a city manager.  He stated that there was a 4-4 CCA/independent deadlock when he was appointed the City Manager.  He gave a brief history of previous City Managers and their tenures.  He did not know about the selection of the first City Manager, Colonel Atkinson, in 1942.  In 1952 he was replaced by John Curry who was fired in 1966.  Mr. Curry was replaced by former City Councillor Joseph DeGuglielmo who was removed in 1968.  In 1968 there was search and James L. Sullivan was appointed.  In 1970 Mr. Sullivan was fired and John Corcoran was hired.  There was another search attempt done in this period.  James L. Sullivan was recruited back to Cambridge to be the City Manager.  He served as City Manager until July 1981.  Robert W. Healy was appointed Acting City Manager in 1981.  No search was done in this period and Mr. Healy was appointed City Manager.  The City Manager summarized by a statement that searches have not proven overly successful in ultimately appointing a City Manager.

Councillor Maher asked Mr. Healy for suggestions for a vehicle to conduct a search for a City Manager.  Mr. Healy stated that having time over the summer to think about this would be helpful.  He stated that there are search firms for hire and stated that if the City Council were to go this route, the process would have to be a request for an invitation for bid (IFB).  He stated that there are multiple agencies that perform executive searches.  He stated that they are quite expensive.  He stated that the quality requirements for the invitation for bid would have to be carefully worded and spelled out.  The City Council would need to be involved in developing the quality requirements for a City Manager.  He stated that he would like to hear from the City Council and members of the public to present an agenda for fall that would be more definitive.

Councillor Toomey stated that he was not in favor of spending money for search firms and travelling.  He stated that nationwide searches have often not yielded what you expect.  He favored home grown candidates.

Councillor Decker questioned Mr. Healy if these firms help to develop the process.  There will be many candidates seeking this position.  She stated that she is interested in having someone help the City Council with creating a process.  She spoke about the importance of community input. She believes that there are many ways to approach the hiring of the City Manager.  She stated that it is a challenging to protect the confidentiality.  She stated that before jumping to search firm the Government Operations and Rules Committee should outline the process.

Councillor Maher stated that when the School Department was looking for the new Superintendent there was a point person in the School Department who was in total contact with the outside firm.  There was a committee of stakeholders that turned the process over to the committee.  Councillor Toomey stated that he was involved with the search process for Superintendent McGrath.

Councillor Reeves stated that the City Council should take this as an opportunity to do a self-study of what the city is.  He spoke about a profile for the city.  He informed the committee that in his church community, when a rector leaves, they have to go through a year-long process.  He stated that MIT search for new president was a short search which came after an exhausting strategic planning process.  The Secretary of the Institute was instrumental in the selection process.  He does not think a search firm was used.  Who would be the point person for City Council, he asked?

Mr. Healy stated that a search firm will do whatever is asked of it.  This is a process that will be very lengthy.  There is time to deal with the concept.  The City Manager stated that his leadership team always been planned as a competent and capable team of people who are willing to aid in the transition.  He stated that Mr. Rossi is the best athlete in the draft.  He stated that there does need to be a consensus and a lead person is crucial.  This person will deal with the search firm and give direction.

Councillor vanBeuzekom asked if there is an informal transition team.  Mr. Healy stated that the transition team is Mr. Rossi and all the assistant city managers.  Mr. Rossi could be the Acting City Manager.  The current department heads are a quality team.

Councillor Toomey stated that the scope of hiring the City Manager is huge. However, at any time it could be as simple as a candidate having five votes on a Monday evening.

Councillor Decker stated that an important point is that when looking at the transition team, there are people who know the city and are out and about within the community.  This is an opportunity to meaningfully engage the public in the process and to see what their vision for the city is.  She believes that it is worth spending time on the visioning aspect and what the City council and community want as their future vision of the city.

Councillor Reeves stated that the city has changed dramatically over time.  He stated that there are vastly different changes and understanding that is worth the opportunity to examine.

Vice Mayor Simmons stated that she favored a search firm because there is merit to having "clean hands" in this process.  She is talking about the permanent position.  There should be a rich community process including public.  She felt that the search process for the Superintendent did not include the community.  She wanted an independent person to manage it all.

Councillor Maher agreed with Councillor Reeves that Cambridge is in a unique situation.  The city has had 31 years of stable and leadership under Mr. Healy.  His biggest concern is seeing a string of 2 year appointments which were common in the 1960's and 1970's.  He stated that when he was on the School Committee, there was one nationwide search and the 5

place candidate came out on top because that was the only person who could get four votes.  He stated that in his estimation was that the process resulted in an unintended result.

Councillor vanBeuzekom raised the question of a nationwide search versus hiring an inside candidate.   Councillor Reeves commented that going with an in-house candidate is not necessarily the best that the City Council can do.  He stated that public perception can be an issue.  Councillor Reeves cited the recent hiring process which resulted in the hiring of a former City Councillor and former School Committee member.  Mr. Healy responded that in each of these processes the hirings were done after review by the Ethics Commission.  Councillor Reeves stated that like the Kids' Council process, he would support having the flexibility of having a staff person dedicated time working with the City Council on the City Manager search.  He stated that if he had the opportunity to engage with search firms, he would be more informed of the search process.  The City Council could send out letters to let potential candidates know about the possible vacancy.

Councillor Maher stated that work will be done over the summer to come up with a plan to be presented to the committee either in late summer or in September.  All options will be looked into.  He stated that the Government Operations Committee, along with the City Manager, will be developing a variety of options.  The options will be presented to the city Council after Labor Day.  Vice Mayor Simmons stated that she would like firm dates for the process.  She stated that it is important to get information about the search firms.  Councillor Decker also urged that the four City Councillors who are not on the Government Operations and Rules Committee be kept abreast of the process.  She suggested that a calendar schedule be formed to aid in process and will provide the community with information on the process.  She stated that in her view, it is worth taking a look at the ROOT website.  Their process is what comes before the search process.

Councillor Cheung stated that no search firm will know the City better than the community.  He likes the idea of trying to build into the process concrete ways to engage the community.  Search firms come later in the process.  The way to address concerns about resources is by going through a process where you can be specific as to what is being looked for in a candidate.  He stated that the mechanics of engaging the community is very important.

Vice Mayor Simmons stated that there are two themes, the hiring process and the community engagement process.  These could be done at the same time.

Councillor Maher questioned the strategic plan regarding the vision.  Councillor Decker spoke about the vision of what kind of community is wanted and what are the tools to get us there.

Councillor vanBeuzekom spoke about the importance of benchmarking.  There are other cities similar to ours that can be looked at regarding salary, benefits, structures, limitations and evaluations.  She asked the City Manager if recent management staff departures were a reflection of a potential staff turnover problem.   Mr. Healy stated that is it is normal for employees to retire or change positions.  All vacant positions will be filled.  Councillor Decker added that the consistency and longevity of city employees is a positive aspect.  Mr. Healy stated that this is not a bail out.  These are retirements or job enhancement opportunities.  There is not an abandonment of ship taking place.  There are competent people in place to continue the operations of the city.

Councillor Reeves commented that in some cities where they are looking at a change of leadership look at various CEOs to engage in the process.  Is there a smart group of civic leaders who could be engaged in an advisory role?  He suggested retired CEO and employees.  Councillor Maher stated that these are the types of things that will be forthcoming.  Councillor Toomey stated that he appreciates suggestions about reflections of us and where the City is going, however at the end of the day the City Council must make the decision.  He is elected to make this decision.  Councillor Decker commented that she sees this as an opportunity to check in with the public.  Timelines are key.  She further stated that there are other ways to skillfully engage the public as part of the process.

Councillor Maher asked how important is it that the person applying for the City Manager position understand Massachusetts General Laws (MGL).  Mr. Healy stated that in consideration of candidates this knowledge should play a role in the evaluation because there is no portability in the pension system so an out-of-state candidate cannot gain credit in the Massachusetts pension system.  Making the position more desirable to in state candidates the MGL are unlike any set of laws in the country.  Understanding MGL is essential.  Innovation is stifled by MGL.  Understanding what is doable in MA is important.

Councillor Maher read into the record a communication received from Councillor Kelley who could not attend the meeting.  Councillor Kelley's key points were the need to hire a professional firm, have a nationwide search, to do a self-study and to move immediately to hire a search firm.  This communication was made part of the record

Terry Smith, Cambridge Chamber of Commerce, stated that the process is important.   He agreed with Councillor Toomey that the selection of the City Manager is decision of the City Council and that it was important to engage the public.  He stated that the Chamber is happy to be engaged in this process in any way.  He commented that having come to Massachusetts from another state and having met at least one other City Manager, Cambridge is a different animal than the rest of the county.

Michael Brandon, 27 Seven Pines Avenue, stated that he was glad that the City Council has started the process.  In his view the City Council is faced with compressed timeline to move ahead.  He stated that with some of the statements made regarding time is that the result is being locked into a process where there is lack of an innovative way to proceed.  He supported citizen involved process.  He hopes that there are no more 10 AM work week meetings. It would have been good to have the meeting televised for input.  He suggested that the City Council form an Ad Hoc Committee of the whole rather than the matter handled in the Government Operations and Rules Committee.  The City Manager's appointment and the approval of the city budget are the most important aspects of the City Council's duties.   He suggested the creation of a citizen's advisory committee sharing this role with the City Council.  Once the qualifications are developed it is a good job to hire a search firm.  Money should not be a concern in this process.  Free cash could be used.  He also agreed with the visioning process and community building process; not just a search.

Greg Moree, 25 Fairfield Street, stated that the candidate hired should be someone who is known in the city.  He stated that there are smart people in Cambridge who would be good candidates for the City Manager's position.  He supports someone that is well known and has a longstanding relationship with the Cambridge community.

Saul Tannenbaum, 16 Cottage Street, thanked Mr. Healy for his years of service.  He stated that managing Cambridge is a plum job.  People should be knocking on the door to do this job.  Mr. Tannenbaum spoke about his experience with search firm.  It will cost the city more to have a bad hire.  This process can benefit with the use of technology.  The focus should be on figuring out the best process and going with it.  He favored civic engagement.  The Government Operations and Rules Committee should have a web site and this process should be as transparent as possible.  This is an issue of city and City Council credibility.  Transparency should start at the close of this meeting.  He stated that Cambridge has a great transition team in place.  Mr. Healy is an institution, but he is just a guy.  If he has done his job well the people he has in place should be able to do their job.

Councillor Reeves questioned Councillor Maher about an online forum, web presence, etc which would broaden civic engagement.  He would like to get some information on who search firms are and what is their specialty.  Councillor Reeves asked how you evaluate who you get.  Help is needed with evaluation on the web.  Mr. Healy stated that the search firms would contact and/or invite participation from organizations such as MMA or NLC who specialize in helping cities find new leadership.  Councillor Maher stated that this information will be provided.

Vice Mayor Simmons spoke about the concept of the web presence and stated that if this is done, there needs to be a person who will manage this aspect.  Mr. Tannenbaum added that there are people at Harvard and MIT who are specialist on public engagement.  He explained what he meant by web presence is that a meeting was held on this and this is what happened.

Councillor Maher stated that in the past, candidates sometimes want to remain anonymous.  Mr. Healy stated that applicants are assured of confidentiality during the application process until such time as appointing body narrows down the finalists.

Councillor vanBeuzekom stated that she wanted a better phrase than "transition team" with personnel who are currently department heads.

In conclusion Councillor Maher stated that summary work will be done in summer.  The meeting will be posted.  Councillor Reeves commented that there may need to be a series of meetings.