ARCHIVE VERSION
Original version published: March 27, 2018
Original author: Tom Johnson
Original News Source: StuNewsNewport
Original URL: http://www.stunewsnewport.com

Original Content: 

The first clue came just after church Sunday morning, when I was told there was a “plan” to oust Newport Beach City Manager Dave Kiff at the end of tonight’s council meeting. The story had it, true or false, that “three council members visited Kiff, with a fourth vote in pocket, demanding he resign or that he would be terminated.”

One side is saying Brown Act violation, the other says absolutely not.

I immediately sent Kiff an email asking if three council members visited him demanding his resignation or telling him he would be terminated.

Kiff responded with an email straight to the point saying, “Tom, that did not happen.”

I also contacted Mayor Pro Tem Will O’Neill with a similar question. His response also said that “no such meeting has ever taken place.”

Later Sunday afternoon, Tara Finnegan, the City’s Public Information Manager, issued Kiff’s resignation to the media saying, “After two decades with the City of Newport Beach and nearly a full decade as its city manager, Dave Kiff has informed members of the City Council that he will leave his post toward the end of 2018.”

“I am happy in making this request and want the community to know that all is good with me, my family, and my work. There are great things ahead for all of us,” Kiff added in a cover letter.

One source said that they were told “that Kiff was asked to move the press release announcement up to Sunday afternoon” as the story began breaking.

You can imagine the different stories coming out of other camps. One story had Council Members Diane Dixon, Jeff Herdman and Brad Avery urging Kiff to hang on until the community had a chance to voice their concerns at tonight’s meeting.

Obviously, Kiff has said no.

Former Mayor Kevin Muldoon had this to say, “Dave told me a few months ago that he was intending to retire in November. He is the best City Manager in Orange County and will be missed.”

Lynn Swain said, “Dave Kiff is a great city manager and he is highly respected. I think the public deserves an answer regarding the actions of a majority of the council who have been pushing him out to appoint their own person. Team Newport continues to degrade our community with these backroom politics. Dave Kiff was forced to retire or be fired.”

Here are some thoughts from other community leaders (all council members were invited to comment).

City Council Member and former Mayor Diane Dixon: “I am saddened and disappointed by the news of our highly respected City Manager Dave Kiff’s decision to leave the City of Newport Beach.  During my tenure on the Council, I have appreciated Dave’s outstanding professionalism and his commitment to the City and its residents. We are very fortunate to have had a city manager with his years of experience and deep knowledge of government.

The circumstances surrounding the actions of some members of the City Council that led to Dave’s decision baffle me. I only learned of this news this weekend. I am surprised to discover that this process may have been underway for four weeks. It is clear that all members of the City Council were not involved in this process. I expect that we will learn from our Mayor and Mayor Pro Tem more about this mystery at (tonight’s) Newport Beach City Council meeting.  

It is my hope that all of us on the City Council share a common belief that transparency in city government is one of our core values.”

City Council Member Jeff Herdman: “I want to say for the public record that I was not aware of any effort to oust the city manager, to negotiate an exit, or assert that there were four votes, in violation of the Brown Act, to accomplish this illegal act by the council majority (Muldoon, O’Neill, Duffield and Peotter). 

At no time has the entire City Council considered the termination of our city manager’s employment, and I am now deeply concerned about the public’s trust in this body going forward. 

And why did the council majority do this? Is it in the best interest of the city? Knowing that Dave Kiff intended to possibly take an early retirement after the upcoming election, and after getting council members oriented and settled in, they fired him anyway! 

Self-promotion and campaign tactics are at work here. Individually, Muldoon wants to be able to say in his campaign for re-election that he followed through on his 2014 campaign promises (clean the swamp, no tax increases, lowering fees, etc. etc.). 

This being the “Year of the Harbor,” Duffy wants to hire a new city manager that will be at his beck-and-call in terms of accomplishing what he wants to do, and I might add, at a tremendous cost to the taxpayers. 

Peotter? This is just another example of his use of poor judgement for what he thinks will win him reelection. 

As far as O’ Neill is concerned, he was elected on a Team Newport ticket, so I guess he must fall in line! 

Collectively, the Council majority has set the stage for hiring their own city manager that they will be able to completely control and manipulate for the purpose of self-aggrandizement and accomplishing their own personal agendas with complete disregard for their constituents and their needs and wants. 

The Brown Act violation that has occurred, and that can be proven, is known as the “chain effect.” I’ll assume that Muldoon, Duffy and O’Neill thought they were not violating the Brown Act when notifying Dave of the termination of his employment because there were only three of them present. But these three council members did so knowing they had a fourth vote in the form of Peotter and would therefore have no trouble getting council approval (4 votes are all that is needed). Knowing they had his critical fourth vote is the essence of the “chain effect” violation. It is flat out prohibited and illegal. 

After Dave’s departure, the collateral damage that has been created by this action on the part of the Council majority is what we will have to deal with. The council majority must be held accountable for their misinterpretation of Council Policy for which they justified their action under, as well as blatant Brown Act violations.” 

Former Mayor Nancy Gardner: “I have worked with Dave since he was an Assistant to Kevin Murphy. He is a person of great integrity and character. I have seen how much he takes to heart the well-being of this city, and I am very sorry to see him leave.  

It is one thing if he is leaving because he wants to seek new adventures. Then we can only wish him the best. If, as has been suggested, there was a covert effort by certain council members to get rid of him, then this is an insult not just to Dave but to the residents and businesses that he has worked so hard for. It would mean that they were afraid to openly dismiss someone with his standing and popularity in the community and resorted to subterfuge to accomplish this.  

For the sake of our city, I can only hope that this is not true because if it is, it widens the gaps between us when we should be pulling together.”

Keith Curry: “Hiring Dave Kiff was the best decision the city council made in my 10 years serving the city. He has a stellar reputation and he effectively led our city through the recession. His efforts reduced the workforce by more than 100 positions while preserving city services. 

It appears that this decision is the result of members of the city council acting without the authorization and involvement of the entire council to precipitate the action. This is a serious violation of policy and past practices and a full investigation should be commenced.”

City Council candidate (2018) Joy Brenner: “The loss of Dave Kiff is tragic for our city. Dave is well regarded by so many, including most if not all former mayors and council members. It has appeared to me for several years that he has been put in the very awkward position of trying to give the council what they want while legally and ethically staying in integrity. 

Some members of this council play politics so often that I don’t trust anything to be straightforwardly above board. Was there pressure on Dave in an attempt to get more of a “yes” man or woman in this position? We must now demand an open and transparent search for a replacement. And, if actions of certain members of the city council resulted in this announcement, then a Brown Act violation needs to be investigated.”