City manager offers apology on Rock Chalk matter; commissioners suggest audit

Complete text of City Manager David Corliss’ apology

Mayor Amyx, City Commissioners and members of the Lawrence community,

I offer my sincerest apology to the City Commission and the Lawrence community for the handling of the recent Rock Chalk Park payment. It was my error — and no one else’s — to place it on the City payment claims rather than the regular agenda. Placement on the regular agenda — with the full supporting background material readily available — was what should have happened. It did not. I take full responsibility for this mistake. I also spoke too rashly to Chad Lawhorn when he correctly pointed to this situation — clearly the public deserves and correctly demands the opportunity to review and challenge every cent of City expenditures. It is the public’s money.My statement to the contrary is against my public service principles.

The action to stop the payment and place the payment on a regular agenda with the supporting materials is an attempt to respond to that mistake.

It is not enough to admit a mistake and seek to correct it. I also want to be held accountable for this mistake. Lawrence has been very good to me and my family — I will always try to keep the best interests of this community at the forefront of all of my decisions.

Lawrence’s city manager on Thursday issued a written apology to the community for how he handled a disputed payment for infrastructure at Rock Chalk Park, and a city commissioner said he wants to consider conducting an audit of the entire project to try to restore the public’s confidence.

City Manager David Corliss took full responsibility for a decision that has led to criticism that city officials did not adequately inform the public that commissioners were set to vote on an approximately $1 million Rock Chalk payment at their meeting Tuesday.

“It was my error — and no one else’s — to place it on the City payment claims rather than on the regular agenda,” Corliss said in a letter addressed to the mayor, commissioners and the Lawrence community. “Placement on the regular agenda — with the full supporting background material readily available — was what should have happened. It did not.”

The payment in question is about $1.09 million for legal fees, interest expenses and other “soft costs” that a development group led by Lawrence businessman Thomas Fritzel is seeking to be reimbursed for as part of the Rock Chalk project.

Commissioners had questioned the costs in November. Corliss prepared a report detailing why many of the costs should be reimbursed but why about $157,000 should not be paid by the city. Corliss took the unusual step of providing the report directly to city commissioners rather than posting it on the city’s agenda, which is widely available to the public and closely watched by the media.

Corliss did post the report on a single page of the city’s website before Tuesday’s meeting, but he acknowledged it would have been difficult for any member of the public to know it was there because the city did not take any steps to notify the public that the report was available. It also was not made clear on the city’s agenda that the Rock Chalk Park matter was up for consideration.

The commission on Tuesday approved the payment. But on Wednesday morning, as questions about how the city handled the payment grew, Corliss directed staff members to not process the check. The issue will be on the commission’s agenda for discussion and a vote next Tuesday.

An audit

City Commissioner Bob Schumm, a longtime supporter of the project, said he also plans to bring up the subject of an audit for the project.

“I’m not afraid of an audit,” Schumm said. “I will likely talk with the commission about an audit. I think a lot of this is a case of misunderstanding by the public. I think it will show we got a very good value for what we agreed to buy.”

Mayor Mike Amyx, the lone opponent of the project on the commission, has previously suggested an audit. In November, Schumm said he did not think an audit was necessary, but this week said he is concerned about the public’s perception of the project.

“Each time something out of the ordinary occurs, it causes people to think the whole thing was run very poorly and we didn’t get a good value for the project,” Schumm said. “I just don’t believe that is the case.”

It isn’t clear whether the city would have any legal ability to review the books and other financial records of Bliss Sports II, the lead private entity that the city partnered with on the project.

“It may be tough to do if we don’t have access to that,” Amyx said. “But I have said it is important to audit and make sure the public funds went to the places that they are supposed to go.”

It also isn’t clear what topic an audit would investigate. Members of the public have raised concerns about the cost and quality of work associated with the project. But members of the public also have been critical of the commission’s decision to issue a no-bid contract for the project’s infrastructure work, critical of the decision to proceed with the recreation center project ahead of a police headquarters project, and critical of a perceived lack of transparency in the project.

Center is popular

Other commissioners this week said they are pleased with the popularity of the new recreation center, which is located near George Williams Way and Sixth Street in northwest Lawrence. But they said they have seen multiple flaws in the process for approving the project.

“I think we have learned that we are never going to do (this process) again,” said Commissioner Terry Riordan, who began his term on the commission as the city was finalizing the development agreements for the project. “Not in my lifetime we’re not going to do it again. I think we have learned a lot about what to do and what not to do.”

Commissioner Jeremy Farmer, who began his term the same time as Riordan, said the process also has disappointed him.

“Much of that perceived lack of transparency is completely and utterly justified,” Farmer said. “I think the project is a great thing for the community, and I’m glad that we did it, but I wish we did it differently. I wish we would have engaged more people in the community on it.”

Commissioners meet at 6:35 p.m. on Tuesday at City Hall.