PORT ANGELES — Interim City Manager Dan McKeen said Friday the city acted properly in firing Finance Director Yvonne Ziomkowski and that she would not get her job back.
McKeen issued a memo Friday in response to supporters — including former Mayors Glenn Wiggins and Larry Doyle — who packed the Port Angeles City Council chambers Tuesday night to urge that Ziomkowski, who was fired March 15 for violating city policy for cashing out vacation and sick days, be reinstated.
McKeen said in his memo that “there is a certain amount of misunderstanding about the reasons for terminating” Ziomkowski.
“This memo is to address some of those apparent misunderstandings and to affirm that the city properly terminated Ms. Ziomkowski and will not be changing its decision,” McKeen said.
He said it was immaterial that Kitsap County Deputy Prosecuting Attorney Jonathan Salamas had decided not to file criminal charges against Ziomkowski over actions surrounding her cashing out three years of unused vacation days and sick leave totaling $28,862 in violation of city policy — a main point of her supporters.
The charges had been recommended by the State Patrol.
Don’t have to break the law
“Someone doesn’t have to break the law to be terminated,” McKeen said in an interview.
“In fact, the majority of employees who are terminated are terminated not because of breaking the law, but generally because of work performance or violating city policies.”
Ziomkowski had said after Tuesday’s City Council meeting that she deserved “to be given another chance” and that she wanted to be reinstated “to clear my name.”
After learning from a reporter Friday that McKeen said he won’t return her to her old job, she sounded close to tears during a telephone interview.
Ziomkowski: Sad ending
“I am very, very sad my 24 years of very loyal and dedicated service to the city has been ended like this,” Ziomkowski said.
“I don’t feel I did anything wrong,” she said.
“I acted based on past practices.”
Mayor Cherie Kidd said at the City Council’s Tuesday night meeting that under state law, the council cannot “hire or fire, or get involved in hiring and firing,” any city employees other than the city manager, who hires all other employees — including the finance director.
McKeen said Salamas’ investigative report formed part of the foundation for the city’s decision.
McKeen said Salamas “did not declare Ms. Ziomkowski to be free of culpability.”
Salamas said in his report that he could not prove Ziomkowski’s guilt “beyond a reasonable doubt,” according to the report.
“This is an extremely difficult standard to meet,” Salamas said.
“After reviewing this case, I have concluded that our office could not meet that burden of proof.”
McKeen said the city fired Ziomkowski based on information from both the State Patrol and the state Auditor’s Office, as well as her “complete performance record, length of service and the good of the city service.”
The State Patrol had recommended eight criminal charges, including first-degree theft, claiming Ziomkowski “took advantage” of a system she controlled and that lacked oversight.
The state Auditor’s Office criticized the city for cash-outs taken by Ziomkowski and other city employees and blamed the city for “unclear policies and inadequate controls” but said no employees intentionally did anything wrong, an assertion echoed by Salamas.
“The city considered the facts established through both investigations, considered city standards of performance and policies, and made the decision to terminate based on the information available from all sources,” McKeen said in his statement.
McKeen said Ziomkowski acted “irresponsibly” and should have brought to light any “inconsistencies” between written and unwritten city policies.
“Not only did she fail to bring any alleged inconsistent practices to light, but she used this to her personal advantage by making large cash-outs to herself without informing the city manager,” McKeen said.
“Ms. Ziomkowski was terminated because the city concluded she had violated city performance standards, practices and policies relating to her obligations as director of finances for the city of Port Angeles.”
Ziomkowski was among 11 city employees, including McKeen and former City Manager Kent Myers, who fired her, who received cash-outs since 2004 that exceeded limits set by city policy, according to a Peninsula Daily News investigation.
Myers repaid $1,442, while McKeen was allowed to keep his leave of $11,431 because it was approved by then-City Manager Mike Quinn.
Ziomkowski was allowed to keep $32,867 in overpayments and repaid $28,862.
________
Senior Staff Writer Paul Gottlieb can be reached at 360-452-2345, ext. 5060, or at paul.gottlieb@peninsuladailynews.com.
