Mayor Hart stated this item was placed on the agenda at the request of Council Member Elwell. Mayor Hart indicated he received an email from Todd Seifert at The Spectrum acknowledging that the caption on the Letter to the Editor was a mistake on his part and that that was not something that was asked for or written by INKAS or Barbara Rusick specifically.
Council Member Elwell referred to conflicts or disclosures from Council Member Mendenhall. Mayor Hart inquired if Council Member Mendenhall had any conflicts or disclosures. Council Member Mendenhall indicated "no" and that she is not a member of the Board or a member of the INKAS organization. Council Member Elwell read the following statement, a copy of which is available by request through Ivins City Hall. "I enter into this offering, knowing full well, the risks involved. There may be those who will attempt to redirect the focus of this incident, by questioning my motives and attempting to villainize me or others. My choices are to remain silent and allow others to assume my tacit approval of the action in question, or to offer a rebuke of that action, from an honest and passionate defense of this City and the No Kill movement itself. My ire is not, and never was, directed at The Spectrum. The heading assigned to the letter in question, was nothing more than an error. That error, however, validates my concerns and gives resolve to the course I have chosen to pursue. By use of the specific by-line employed by the writer, a perception was created that could, and in fact did, cause a reader of that letter to be misled. Factually correct while deliberately misleading is, by definition, deceit and guile. The Spectrum and its editors are not to blame, full culpability rest upon the writer of that letter. Mr. Seifert knows the deep respect I have for him and The Spectrum. I came here approximately 15 years ago from an area that, on occasion, practiced yellow journalism. How refreshing to have a newspaper that works so diligently for truth, accuracy and unbiased reporting. Even the best, however, can err. I admire and respect the individuals who are the INKAS, as this is especially so, of the writer. That admiration and respect, however, is not a bar to my giving voice against actions I see as harmful to this City, and to do so passionately. The genesis of this discussion is the "Letter to the Editor" in The Spectrum Daily News, Fri. Aug. 9, 2013. INKAS, trading on their association with this City, specifically endorsed Tara Dunn for St. George City Council and made a tacit endorsement of Jon Pike for Mayor. The INKAS representative, with apparent willful purpose, inferred a relationship with the City and our Animal Shelter, that doesn't exist. To trade on their association with Ivins City and its No Kill Animal Shelter to endorse candidates for the purpose of affecting the outcome of the St. George City Council and Mayoral races, is more than just problematic. We share a common boundary with St. George and currently have interlocal agreements in place and we are currently working on another. INKAS actions could cause a decay of goodwill and denigration of cooperation for present and future interactions between St. George and Ivins City. Do we allow INKAS, who have become a "political advocacy entity", to use their association with this City and our No Kill Animal Shelter to promote their personal agenda? It is particularly disconcerting when such action could impair our ability to conduct the affairs of this City with the same efficiency and effectiveness as what otherwise might be accomplished, if not for the denigration in relations with individuals, agencies or municipalities due to the inappropriate actions of this group. The name and reputation of this City is too important to ignore this matter. It must be made known that Ivins City and its No Kill Animal Shelter, which is a municipal shelter under the sole control of Ivins City, does not endorse any candidate or candidates vying for office in St. George. While it may be proffered that any inference of a direct association to Ivins City or an authoritative influence over its Animal Shelter, was unintended and was not an attempt at credibility by the writer, nor a deliberate attempt to deceive the electorate of St. George, I would see such proffering as disingenuous. However, any attempt to mitigate the political action undertaken by the writer, would have no practical significance. Whether intended or unintended, the negative result is the same. As to intent however, we have seen over the years this writers accomplished ability to write, and to do so in such a manner as to lead her readers to the desired conclusion. Compare the INKAS "by-line" in the Ivins City News, to this writers selected "by-line" found in the cited "Letter to The Editor." I believe intent is clearly manifest. However, regardless of intent, questions remain. How do you undo that which was done? How do we insure that it doesn't occur again? I believe the course of action should be to disassociate Ivins City from the INKAS organization and dissolve their Memorandum of Understanding. The INKAS organization has evolved into a political entity engaging in activities that are not in the best interest of this City. Whether this seems harsh or not, depends on how protective we are of this City, its integrity, its reputation and our standing in the region.
When I first occupied this chair, animals were routinely put down in Ivins...even before the owners could make a legitimate attempt to retrieve them. Today, as I sit in this very same chair, almost a dozen years later, I marvel at what has been accomplished. I can unequivocally say...I know what it took for us to be where we are this day...and it was not through "deceit" and "guile". For those animal advocates who would argue that such measures are necessary to move this "just cause" forward, I would argue the efficacy of such actions in producing long term positive results. I am an animal advocate and an elected official. I know the care that went into promoting good will and trust with all City officials as we moved forward and eventually achieved our goal of attaining the status Ivins City now enjoys with our No Kill Animal Shelter. This could not have been achieved without cooperation and trust between city officials and the animal advocates. To raise an issue at Council meetings and identify failures in the current system while offering help and support to effect positive change for the wellbeing of the animals is a good thing; and it promotes trust and goodwill. The action taken by INKAS, does neither. Their political endorsement action is the antithesis to the promotion of that trust and goodwill. It, instead, creates an adversarial posture that will probably be counterproductive in the long run. A short term gain is of little value if it creates a hostile backlash wherein the ultimate goal of attaining a "No Kill Shelter" is made either unattainable or, at the very least, pushed so far down the road as to be in someone else's lifetime. I can't think of a more divisive wedge between animal advocacy groups and the elected officials from whom they seek "cooperative action", than the political endorsements by INKAS. Each and every animal advocate should recognize the destructive nature of this inappropriate action. I, as an animal advocate and fervent promoter of the "No Kill" philosophy, see this action to be self-promoting and thoughtlessly damaging to the cause they posture to support. Also, a concern not to be ignored, or minimized, is the degradation of trust and respect brought vicariously upon other Animal advocate entities through the reckless, and most unfortunate, political endorsements by INKAS."
Mayor Hart stated there were INKAS representatives present. Mayor Hart referred to Council Member Elwell making reference to INKAS repeatedly but indicated to Council Member Elwell that the Letter to the Editor was written by one individual within INKAS. He's not sure how Council Member Elwell came to the conclusion that it was the INKAS organization rather than an individual within that organization. Council Member Elwell indicated it's because the letter is signed "director". Barbara Rusick confirmed that she did not write the title, The Spectrum did. She read the Letter to the Editor as follows: "Three cheers for St. George Council candidate Tara Dunn for having the compassion and courage to speak publicly about the horrendous abuses occurring at the St. George Animal Shelter. She was the first to embrace this important issue as part of her campaign for office. Everyone who cares about animals should vote for her. Those who don't care about animals should vote for her because she is an ardent advocate for positive change where needed. Cheers also for Mayoral candidate Jon Pike, who agreed with Candidate Dunn and, in his capacity as a current council member, made the situation an agenda item for the current mayor and council members to address. They did so and achieved a positive result. There is much work remaining to be done to achieve no-kill status at the St. George shelter, but this first step is surely something to celebrate. Barbara Rusick, director Ivins No-Kill Animal Supporters". A copy of the Letter to the Editor is available by request through Ivins City Hall. Barbara Rusick stated the caption was added by Todd Seifert at The Spectrum. She wrote to Todd and said: "The Letter to the Editor I wrote on August 2nd and ran in the paper on August 9th, ran under the caption '"No-Kill shelter director applauds candidates.'" Ivins City Council Member George Elwell apparently took exception to the caption, which he believes I wrote, and requested an August 15 Ivins City Council agenda item as follows: "'Discuss and consider Ivins relationship with Ivins No Kill Animal Supporters relative to the Memorandum of Understanding".' INKAS works to support the Ivins Municipal Shelter under the terms and authorization of the subject MOU entered into a few years ago. I am not a shelter director. I am a director of the shelter support group INKAS. I recognized the error when the letter appeared in the paper but dismissed it as just that, a simple error. Council Member Elwell views it as a matter of such weight that he wants the Council to consider the City's working relationship with our group. My request of you Todd is that you contact Mayor Chris Hart and let him know that I did not write the caption. I have discussed this with the Mayor and he understands the situation but it would be immensely helpful to have you verify so he can present the verification to the Council." In response to that, Barbara Rusick indicated Todd came back and said "Via this note, I am contacting Mayor Hart to make sure he is aware that this was a simple mistake by an intern that wasn't caught on the page proof. I'm sure the headline I put on it was way too long for the space provided in the template. It is a bit disturbing I must say that Councilman Elwell would jump to such a conclusion when he has worked with the newspaper in the past and knows a few things about our processes and we've worked with his wife in recent weeks related to JROTC funding. The Elwell's know my number and have called me in the past. I've heard nothing from either of them on this issue as of now". Barbara Rusick stated: "INKAS Memorandum of Understanding states that INKAS is not an agent of the City and nothing contained in their MOU shall be construed to make INKAS an agent of the City and no representative of INKAS shall be considered an employee or agent of the City as a result of this agreement. Neither INKAS nor any of its directors, employees, agents or assigns shall have any authority to bind the City or to enter into any contracts or negotiations on behalf of the City." She indicated that HARTS, PAWS and several other animal organizations spoke out on behalf of Tara Dunn and Jon Pike publically. They ran events for them in St. George and a prominent animal supporter in Ivins donated $5,000 to Tara Dunn's campaign. Barbara was surprised that FIAS (Friends of Ivins Animal Shelter) did not come out in support of changes being made to the St. George shelter. Barbara Rusick indicated Bob Flowers described it as a disgusting place but she personally had never gone there. She wrote the letter in her capacity as a director of an animal support group. She stated she has a right as an American citizen to write in whatever capacity and expressed her opinion and that's what she did. She didn't run the letter by the other directors in INKAS and has nothing to do with INKAS. It was a common mistake. She thinks Tara Dunn and Jon Pike did a good thing and she talked about it. She doesn't think the letter has anything to do with INKAS' Memorandum of Understanding. She and Council Member Elwell worked together for eight (8) years on the Council and for approximately a year before that when she was on the Planning Commission. She commented that she doesn't know why he didn't just pick up the phone and call her and tell her he didn't like the letter.
Mayor Hart indicated it's important to him that Barbara Rusick clarified the Letter to the Editor was her personal opinion and not INKAS. The request by Council Member Elwell to dissolve INKAS' MOU is very serious. The idea of dissolving the relationship with INKAS is extreme and in Council Member Elwell's mind, it's justified. Mayor Hart referred to a recent fundraiser than INKAS held and he attended wherein INKAS raised approximately $3000 for Ivins No Kill Animal Shelter. INKAS has been actively engaged in supporting the shelter in a variety of ways. INKAS association with the Ivins shelter is significant for fundraising efforts, as is FIAS (Friends of Ivins Animal Shelter). Council Member Densley inquired if Barbara Rusick was willing to retract or clarify that the Letter to the Editor was her personal opinion and not the opinion of INKAS. Barbara Rusick stated it's the opinion of a director of INKAS. She is a director of INKAS, this is an animal related subject and she was just trying to compliment the people that brought the issue forward. She isn't going to retract it. She doesn't necessarily speak for the INKAS organization but she does as a director.
Council Member Mendenhall indicated this is severely disappointing, petty and insignificant. Todd Seifert has been Editor of The Spectrum for more than a decade and he acknowledged it was a mistake by an intern. That should be the final word. The MOU clearly states that INKAS is not an agent of the City. The Ivins City Council approved that MOU. It was reviewed by the City Attorney who is now the City Attorney/City Manager. INKAS doesn't run Ivins municipal shelter. INKAS participates with their fundraising actions and any other actions at the discretion of the Ivins Shelter Manager. She was involved with what has transpired over the past several weeks with the St. George City Council and their animal shelter. An employee of St. George City has been removed from his job because of accusations of torturing and killing animals for years and there have been a number of people who have known about it. Mayor Hart clarified that there is currently an investigation and the accusations are allegations. Council Member Mendenhall stated that was correct and nothing has been proven. She doesn't see that Barbara Rusick's Letter to the Editor reflects poorly on Ivins City at all and she doesn't think St. George as a City is going to react negatively to any interlocal agreements that Ivins has with them because a director of a separate corporation that supplies funds to a municipal shelter at the request of its director, made a statement about saying bravo to two (2) people. It isn't self promoting or endorsing of candidates. Council Member Mendenhall indicated that INKAS has been clear and concise. They come before the City Council and declare how much they've raised, what they use it for. They provide the City Council with balance sheets, income, disbursements and the City does not get that from other organizations. Ivins City has two (2) organizations who are working for Ivins' shelter and they should be applauded at all times. She helped found INKAS but she is no longer associated with INKAS. In 2004, it was Council Member Mendenhall and Connie Butterfield who started the No Kill Shelter. Connie worked at the shelter for free and Council Member Mendenhall paid for everything that the City couldn't pay for. Mayor Hart stated that Ivins City does not support any candidates in any other cities for Mayor or Council or any other position. That's Ivins City's official position. Council Member Roberts applauded the two organizations (INKAS and FIAS) and indicated they do a wonderful job. He inquired of the City Attorney what the City's determination is with INKAS. Dale Coulam clarified the City Council's determination is in paragraph three (3) of the MOU where it states that they are not a representative of the City. The City Council would need to determine if they are in breach of the MOU. He stated that in approving both MOU's for FIAS and INKAS, both organizations use the term "Ivins". They needed approval by the Council to do so. By approving the MOU's, the Council has approved the use of the name "Ivins". By allowing that use of the name, there is a greater possibility of there being a misunderstanding and confusion. On the other hand, to raise funds for Ivins shelter, it was felt by both organizations that it was necessary to use "Ivins" in the name to actively promote the no-kill philosophy in Ivins and to fundraise and support Ivins' shelter. The title below in the Letter to the Editor is an accurate title. Barbara Rusick is a director of the Ivins No Kill Animal Supporters 501(c)(3) organization, an organization that is entirely separate from the City.
Mayor Hart inquired that if it's the intent to make a motion to sever the MOU with INKAS, could that take place tonight? Dale Coulam indicated it could. Council Member McDonald stated that with the newspapers clarification, the heading has a completely different meaning. He wouldn't be happy if someone in his organization made a comment and put his name to it without his authorization but indicated that the benefits of what INKAS does far outweighs the mistake. He feels it was more of an error rather than any malicious intent. Council Member Elwell indicated he immediately recognized the error when it was printed and felt that Barbara Rusick chose to do nothing until after the Primary Election was held and an individual she is backing advanced. He finds that problematic. Barbara Rusick stated that wasn't true and clarified that she contacted Todd Seifert on Sunday, August 11th and the Primary wasn't held until Tuesday, August 13th. Council Member Densley moved to table this agenda item to let things cool down. Mayor Hart stated he's not ready to take any motions yet. Council Member Roberts seconded Council Member Densley's motion. Barbara Rusick indicated she hoped the City would deal with this tonight because INKAS has on-going fundraising efforts and INKAS can't be at risk of losing the agreement with the City. That would mean INKAS could not go on with their efforts.
Mayor Hart repeated that he wasn't taking any motions yet. He indicated when he was called upon to rescue the restoration/remodeling/rebuilding of the animal shelter, he did it for one reason only and that's because he was concerned about the animals. He loves the animals. All that George and Linda Elwell have done, Lesley Mendenhall and dozens of other supporters have done, the reason they are all there is because they love the animals and they we want to help. What is so disappointing to him tonight is that regardless of the mistake, regardless of whether there are improprieties in the way that Barbara Rusick's opinion was stated or the way she captioned herself, tonight they are doing more harm for Ivins No Kill Animal Shelter than they ought to be doing. If they are concerned about the animals then they need to back off of this, hope this doesn't get blown further out of proportion and go about their business of supporting the shelter and the animals that are housed there. Council Member Roberts asked the City Attorney if in his legal opinion INKAS breached the MOU. Dale Coulam indicated "no." As stated by Barbara's title, she did not represent herself as a director, employee or agent of Ivins City. The title is a correct title of their support group. Council Member Roberts requested a point of order and asked when there's a motion and a second, can the Mayor not accept that motion? Mayor Hart indicated he had not called for a motion. Dale Coulam clarified the Mayor conducts the meetings.
Council Member Elwell referred to the recital in the MOU that reads "Whereas, Ivins City and INKAS are cooperatively working together..." and stated "INKAS" has always been the up-front designation for that organization. He ended with that and extended an apology to Barbara Rusick. He misunderstood what she said regarding her timeline in responding and the Primary Election. He isn't going to change his position but offered the following: "Conciliatory offerings and attempts to mitigate the seriousness of this violation of trust, is wrong minded. We, the elected servants of Ivins City, can 'fiddle while Rome burns' or we can take a swift positive action that demonstrates our unwillingness to compromise the integrity of this City. To do other than end the relationship with INKAS could be construed by neighboring municipal leaders as tacit approval of the INKAS action and an endorsement of their political agenda which goes beyond animals and that would be even more unfortunate than what has already occurred." He thanked the Mayor and City Council and indicated he would not be making a motion.
Dale Coulam clarified that from the MOU standpoint, use of the term "INKAS" is a shortened name so you don't have to use a long name every time throughout the agreement. He then referred to paragraph four (4) of the MOU and clarified that the MOU could be terminated with or without cause by either party upon thirty (30) days prior written notice.
Barbara Rusick requested clarification and inquired if INKAS MOU with Ivins was in good standing. Mayor Hart clarified there was no motion made before the Council to terminate the MOU. The relationship between Ivins City and INKAS remains in tact. Barbara Rusick provided the City Council with INKAS' financial report. A copy is available by request through Ivins City Hall.