rouble continues to plague the town of Atherton with the latest revelation that the rocky job history of the newly hired interim city manager was unknown to the City Council because the council failed to do a background check on him.
Interim City Manager Ralph Freedman left his last known job as a city manager in 1996 -- and at least one other top city job before that -- under a cloud of dissatisfaction and turmoil, an independent background check by a frustrated Atherton resident revealed last week.
Resident Kathleen McKeithen decided to check into Mr. Freedman's job record after the City Council, in a surprise move during a March 15 closed-door meeting, extended Mr. Freedman's contract as interim manager through April 30, 2001.
The contract extension was approved after a search Mr. Freedman conducted as a headhunter with Ralph Andersen & Associates failed to turn up a city manager candidate all council members could agree on. The new manager was to replace Don Guluzzy, whose forced resignation was effective December 1999.
Mrs. McKeithen said last week that Mr. Freedman was another poor choice for Atherton, citing evidence she found that Mr. Freedman has had trouble with city councils and staff with whom he has worked in the past.
"I want them to go back and conduct a legitimate search," she said. "I don't think that the 85 applicants had the baggage that he (Mr. Freedman) does," she said.
According to Napa Valley-area newspaper articles, Mr. Freedman was city manager in American Canyon, near Napa, in December 1994 and resigned in September 1996 in the midst of allegations that he violated city codes and ignored a sexual harassment complaint brought by the town's public works director. The public works director, whom Mr. Freedman later fired, sued the city for wrongful termination, and the town paid him $43,500, according to an article in the Napa Valley Register.
Similarly, articles in the Tri-Town Transcript in New Hampshire indicate that Mr. Freedman and the Durham City Council did not get along when Mr. Freedman was Durham city manager from 1989 to 1991. One article states the "council felt he (Mr. Freedman) demonstrated a lack of effectiveness in both managing and representing the town," and that Mr. Freedman expressed "unhappiness in working for the town of Durham." Mr. Freedman resigned in 1991, according to the newspaper.
Mr. Freedman did not return phone calls by press time.
Defending decision
Atherton Councilman Alan Carlson said he didn't know about the problems in American Canyon or in Durham, and has never seen Mr. Freedman's resume. But he said he has asked Mr. Freedman about his work experience.
Mr. Carlson said the council didn't do a background check on Mr. Freedman or contact any references because he is not yet a permanent employee.
"He's done a fine job as interim city manager," he said. "Basically we continued the status quo, and after, if he wants to apply for the permanent position job, then we'll have to consider all this, but right now he's not in a long-term position."
Mayor Nan Chapman, who said she has seen a modified version of Mr. Freedman's resume, agreed, adding that if a new council is elected in November, council members can start a new search and conduct background checks.
"Speaking for myself, I am extremely happy with the job that he (Mr. Freedman) has done," she said. "I know that Ralph Andersen & Associates is a legitimate, reputable head-hunting firm and would not hire somebody that they didn't trust. As far as I'm concerned, the proof of the pudding is in the eating."
Mrs. Chapman added that the same "appearance" of impropriety followed former city manager Don Guluzzy and former police chief Steve Cader to Atherton. She added that with all the negative publicity, she wouldn't be surprised if Mr. Freedman resigned from Atherton.
Councilwoman Dianne "Didi" Fisher said one Atherton resident, whom she did not name, told her he/she knew Mr. Freedman in American Canyon and had nothing but positive things to say.
"As far as I've seen he's been very professional, and I know he has a good financial background," she said. "Until I see some reason now to suspect or warrant that he's doing anything wrong, I feel very comfortable in the direction we're going. He's an at-will employee and will have no severance from us."
Councilman Carlson said Mr. Freedman's contract does provide for termination with cause, but no severance provision. However, Councilwoman Fisher said the contract allows for arbitration proceedings "if we disagree (about termination)."
Council members Malcolm Dudley and Bill Conwell could not be reached for comment at press time.
American Canyon
According to news reports in the Vallejo Times-Herald and the Napa Valley Register, Mr. Freedman's tenure in American Canyon was troubled almost from the start. A short time after Mr. Freedman came aboard, the planning director left; Mr. Freedman later fired the public works director, who accused his boss of lying and other misconduct.
He then suspended finance director Mark Joseph, who at one point accused Mr. Freedman of making illegal payments to city employees.
In August 1996, Mr. Freedman was placed on paid administrative leave, and the next month, he was forced out of his job. The mayor at the time was quoted in one story as saying that Mr. Freedman and the council were no longer compatible, and that the parting of ways was "part of an ongoing disagreement with Mr. Freedman."
After Mr. Freedman's departure, Mr. Joseph, the finance director once suspended by Mr. Freedman, was hired as acting city manager, then appointed to the permanent position.
According to the news reports, Mr. Freedman was accused by residents of lying to the public and the council, and by employees of improprieties.
