By Barb Shelly, Kansas City Star editorial page columnist
"I think we are concerned," Kansas City Councilman Bill Skaggs says about a lawsuit that an ex-employee has filed against the mayor, his wife and the city.
Concerned? Surely that is an understatement. Council members should be furious. They are once again being forced to deal with a mess created by Mayor Mark Funkhouser's refusal to separate his family life from his job.
The courts will decide whether there is merit in plaintiff Ruth Bates' claims that Gloria Squitiro, Funkhouser's wife, created a hostile work environment in the mayor's office.
But that question wouldn't be on the table if Funkhouser had not placed Squitiro--whose workplace demeanor is something short of professional--in the bizarre position of unpaid volunteer with the responsibilities of an office manager.
Deann Smith's story in today's Star quotes several legal sources who spoke to the folly of this arrangement.
"Kansas City Council members should be concerned about the liability of an unpaid staffer given authority to act on the mayor's behalf," University of Missouri-Kansas City Law School professor David Achtenberg said.
Actually, they should be livid. Many smart, well-meaning people tried to tell Funkhouser that his wife's role in his work would lead to trouble. Now it has. At the very least, Bates' lawsuit will distract the mayor and council from important things, like light rail planning. At the worst, it will cost the city money.
When Funkhouser moved from the city auditor's job to the mayor's office, I thought Kansas City was getting a leader who believed in best practices, who respected sound advice and who would always place the city's interests first.
That's not the way things have shaped up. Me, I'm beyond concerned. I'm angry.
Delicious
Digg
A question for the City's Risk Manager
Much of the City's general liability falls within the category that, if the court directs or the parties settle, the City pays from "self insured retention", i.e. general funds not otherwise encumbered in the City Budget.
Less well known is that the City does maintain a number of specialized insurance policies under which the insurance carriers have the duty to legally defend the City against claims made.
The pertinent question here is, does the City have a directors and officers policy that covers the Mayor in his official capacity? If so the consequences of Mrs. Bates Claim may be borne, under joint and several liability, all or in part under such coverage and not from City general funds.
If the Mayor and family were forsighted enough to arrange for an "umbrella" policy in connection with their home owners, life, or auto insurance, and there were to be a finding of personal liability for either the Mayor or his wife in addition to the City, under joint and several liability the City could pay Mrs. Bate's award or settlement and subrogate to recover the portion owed personally by the Mayor and or spouse.
My roundabout way of saying the greatest cost to the City may be the embarassment.
Don't know
So far contact with court has been either City Attorney or Mayor's staff.
Court source says city has liability and so will Mayor/Goria personally if complaint can be proven. Identity of his personal representation will be known if he appeals unless leak occurs.
My guess is that city will settle out of court to protect Funkhouser's from personal liability and from being found guilty. Just my guess. I would be shocked if City Legal let's Mayor go down. Some sort of conditions could be placed on settlement to avoid public disclosure. Do Bates want revenge/justice or do they want more cash?
Like a Nerd movie
His administration reminds me of one of those "Nerd wins head cheerleader from Quarterback and all the Nerds rejoice in their new found role of being in charge" movies. They never do show what these smart but socially challenged uncola's do with that power and how they handle leading people.
Wait, we are seeing that now, it's called the Funkhouser administration. I would still like to see a capable unpolitician give it a go but we now know that isn't enough. That person must be extremly professional and have good judgement and good instincts about people. A business professional would never have brought in his entire family to tinker in the city business. The right person for the job would have kept the majority of the council from being selfish and unproductive. They don't like him and they don't like each other. Great! Individual talent will take them only so far.
I have been more than fair in my comments about the Mayor in the past.
kclifetimer
Have any idea who their lawyer is in the Bates lawsuit?
who pays?
At the worst, it will cost the city money.
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First off, if Gloria gets banged for nthis and the City pays, you should spend your entire time at the Star avenging the citizen/taxpayers. Since they are flat broke, it may come to this is a court finds in favor of Ms Bates and Mayor Smart with Nothinghouser looks to evade the bill.
Second... there is a rumor that Vlackwell Sanders (Dave Fenley... remember him) is on this for the Funkhousers. Any idea if this is true? Any reporter bother to ask the Funkhousers about this? ANyone look at a court filing?
If you are like Yael, I just wasted my time. But know this... most of this is going to come out. And remember if you would that poop floats to the top. And as tall as he is, Funk is going to get out of the way of this. Even with the help of the Star and Yael T Abouhalkah.
yael t abouhalkah
That's not the way things have shaped up. Me, I'm beyond concerned. I'm angry.
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Why don't you have a sit down with Yael?
I am a supporter of the Mayor
but not the Mayor's wife. She wasn't on the ballot and quite frankly is neither bright enough nor sophisticated enough to handle her "volunteer" position. She must voluntarily leave the Mayor's office for me to continue my support for her husband. Otherwise his judgement is extremely suspect too.
gloria squidiro
Even though Gloria appears to be the primary evil doer here, Funkhouser enables her, supports her and lets her go on and on. Ergot, he is equally culpable as well. She could not do this without him.
volunteer, eh?
City interns are also volunteers... and you can bet your boots that if any city intern was involved in such a scandal they'd quickly become history.
(To be more specific, city internships with KCMO are volunteer internships; college credit may be awarded through partnership with UMKC.)
http://www.kcmo.org/manager.nsf/web/cityinterns