In a unanimous vote Wednesday night, the Clear Lake City Council voted to censure Council Member Dale Powers after determining he had violated the city’s code of conduct after three individuals came forward about his behavior.

 

“It saddens me and bothers me deeply when I hear about inappropriate behavior from another mayor,” said Mayor Tim Goenner, who ran the meeting. “It reflects on all of us on the council. In 30 plus years I’ve never heard someone act like that.”

 

Powers said he was looking forward to the opportunity to address the issues.

 

The first he addressed was inappropriate language used concerning the work of the city’s public works supervisor, which he admitted was an error on his part. He stated once it came to his attention he sent an email apologizing for his words.

 

Goenner reminded him the words had been spoken in a public place where other people had heard them, not just the person he was talking to.

 

The second issue Powers addressed was with City Building Inspector Nancy Scott. Scott had approached the council during their February meeting to discuss disparaging comments she had heard Powers was making about her during a conference. The city recently went out for building inspector RFPs at Powers’ suggestion.

 

“I was just floored and stunned by your accusation,” said Powers. “I imagine those words would be hurtful but I didn’t say them.”

 

He explained his motivation with the RFPs was to give the city a choice so he had contacted two firms he was familiar with, and said the council’s minutes inaccurately show it was him who was going to develop the proposal for an RFP although it was actually the council. 

 

Powers stated he felt it was her responsibility to meet with Tim and himself in private about the issue, (Scott said at the February meeting Powers had refused to meet with her) and if he’d known she was going to come in front of the council he would have met with her. He said he felt it was a setup to malign him in public.

 

Scott refuted the claim, saying the issue came up after he said she had mishandled a meeting in 2016 and called her conduct unprofessional. Asking why it had taken three years for him to bring it up if it was a problem, the conversation became heated after Powers began talking over her and Goenner stopped it with a gavel strike.

 

“That’s enough,” he said. “I won’t tolerate this. She [Scott] has the floor.”

 

After questioning Scott’s training and experience Powers went through his own education and qualifications, saying that when he says someone is being unprofessional it comes from experience. He then explained what he would have done in the situation. 

 

“This is an example of how Dale treats me,” said Scott. “This is not an isolated incident. He tried to intimidate and bully me over the sidewalk issue, asking what my experience was and saying what his experience was. I don’t believe his behavior is going to change.”

 

“When you get this thrown at you, you want to defend yourself,” said Powers holding up a copy of the Citizen-Tribune newspaper, which featured a front-page article on what had led up to the current meeting. “I want the latitude to do so.”

 

An issue with Montrose Mayor Michelle Otto was the third issue addressed. Powers had worked as Montrose’s clerk/treasurer until his employment was terminated last April. Otto attended the council’s March meeting to discuss issues she’d been having with him.

 

Otto asked Powers why it was okay for him to reach out for RFPs for Clear Lake when he had repeatedly told Montrose council members it wasn’t their job to do so.

 

Powers explained his reasons and said he made those comments as a suggestion.

 

Otto said she had emails from him stating he didn’t like Scott’s company, she’d been told he’s been bad mouthing herself and the City of Montrose at numerous conferences, and he had been bad mouthing Clear Lake Clerk Kari Mechtel at the Montrose office.

 

“You’re an elected official,” said Otto. “You are to conduct and be professional at all times. They know your behaviors and you’re showing them here.”

 

Powers refuted the claims, and read an email from a Montrose resident praising his work and professionalism.

 

Attorney Joe Langel said as city attorney he was concerned with whether Powers was violating the city’s code of conduct. He added that as a city official Powers is expected to act in a professional manner at all times, asked what authority Powers had to contact companies about RFPs, and said to disagree with another person isn’t wrong, it’s the manner in which he did so that was the issue at the meeting.

 

“Where I’m sitting there’s evidence of consistency of conduct that’s not fitting for your position,” said Langel.

 

“One of my biggest strengths is also my biggest weaknesses,” said Powers. “My knowledge. I’m in a no-win situation.”

 

Code of conduct items that Powers is said to have violated were discussed, including not engaging in any form of harassment or discrimination, extending respect and cooperation to colleagues and not using his position to further his own interests.

 

“It has to end Dale,” said Goenner. “As mayor and life-long resident of the city it reflects on us all. It’s up to the council what they’d like to do.”

 

“It’s my opinion there should be some sort of censure to Dale for his behaviors that I feel are unacceptable for our standard,” said Council Member Bob Arnold. 

“We have an issue with him not following our code of conduct and I’m afraid he’ll continue,” said Council Member Karen White. “I would think he of all people should know what he’s doing if he’s as experienced as he says.”

 

Powers stated he was motivated to change and not to go through this process again, however, Otto expressed disbelief that anything was going to change. She stated she had met with Powers numerous times to tell him not to speak negatively in emails, on social media or to business people.

 

The council voted to censure Powers for his failure to follow the code of conduct, and stated he’s expected to follow them going forward.

 

“I accept the council’s censure,” said Powers, who then asked Langel, “Can a censure be lifted after an x amount of time of exemplary behavior?”

 

“It doesn’t have a time frame,” said Langel. “It’s a statement that the council feels what you did is wrong and they’re disapproving of it. It’s a public rebuke of a council member. It’s not a small thing and it’s not common.”