Mark Johnsen From: Daryl Tapio [dtolympic@yahoo.com] Sent: Tuesday, March 29, 2016 2:30 PM To: Mike Siefkes; Mark Johnsen; Mary Mirante Bartolo Subject: Re: Interim City Manager nvestigation[Spam Mark, To add clari?cation to my concerns of this process please consider the following. This process has the appearance of being fair and impartial and producing a report in which good decisions could be based. HoWever, in reality, issues are not always black and white. Two people can have completely different perceptions of the same event. People can bring biases that can skew their perception. Both sides need the opportunity to present their side of the story with legal representation who has experience with this type of law. This has become a legal process with highly experienced, seasoned attorneys representing the city and the city's insurance company. The city and the insurance company appear to be well represented. On the other hand, the interim city manager is not well represented. He has already, based on past actions, and will continue, to take on great risk associated with his reputation, career, and ability to find a future position in management as this process plays out. In any legal process the accused meets with their legal counsel to discuss the potential pitfalls of the process and to be with them during the deposition or investigation. They also get to present their side of the argument guided by legal counsel. If a decision is made, they then have the opportunity to appeal that decision and present their case more fully. I don't see any of this happening in this process. He needs to be fully informed of the process, provided adequate legal counsel before, during and after the interview, and the ability to refute statements made in the report prior to a decision being made. Daryl Sent from my iPhone On Mar 29, 2016, at 10:59 AM, Daryl Tapio wrote: Mark, Mary, and Mike, I have analyzed the process and reviewed the biography of the lnvestigator hired by City's insurance company. He works for the law firm Jackson Lewis and acts as lead counsel on all aspects of employment litigation, including defending discrimination, harassment, retaliation, and whistleblower claims. Meanwhile, the Interim City Manager has been directed to stay away from the office, relinquished his keys and badge, is to have no contact with city employees or city council, and is provided no legal representation. And, it is highly likely that it would be a personal financial burden on his family to hire legal representation, especially the same caliber as what the city/insurance company has hired. I can recognize an unfair fight and i can recognize an unfair process. The interim city manager has the deck stacked against him. I will not allow this to go unrecognized and I will strongly advocate for substantial changes in our city government to ensure fairness and justice. Sincerely, Daryl Tapio Mark Johnsen From: Donny Payne Sent: Tuesday, March 22, 2016 1:55 PM To: Council Master; Mark Johnsen Subject: Administrative Leave Council, dispute the complaint against me and invite the opportunity to explain. I will say that during my short, 2-month tenure, have uncovered several things for you. One of those things is a negative culture of employee relations which invites litigation. This includes a troubling bias against disabled military members, considered a protected class. Thank you for your consideration in this matter, and let justice be done. Donny Payne interim City Manager City of SeaTac Sent from my Windows Phone ?Mark Johnsen From: Mary Mirante Bartolo Sent: Monday, March 21, 2016 3:52 PM To: City Council Cc: Donny Payne; Mark Johnsen Subject: Conflict of interest importance: High Mayor, Deputy Mayor and Council, As you know, i was asked to serve in the capacity as Acting City Manager pending the resolution of the complaint filed by Human Resources Manager Vanessa Audett last Friday. Today, it has come to my attention that there are allegations or misperceptions that I was involved in encouraging the filing of that complaint. While untrue, it nonetheless poses a potential conflict of interest with me serving in the capacity of Acting City Manager. Therefore, can no longer serve in this capacity effectively immediately. Since the potential conflict of interest extends into any Legal advice that i may need to provide on this particular topic, i must also recuse myself from dispensing any legal advice on this issue. Please direct any questions on this issue to Mark Johnsen at 206.973.4635. Mary E. Mirante Bartolo SeaTac City Attorney 4800 So. 188th Street SeaTac, WA 98188 mmbartolo@ci.seatac.wa.us 206.973.4631 This communication may be subject to public disclosure laws of the State of Washington (RCW 42.56). Robbye Sanchez From: Donny Payne Sent: Friday, February 19, 2016 11:34 AM To: All Cc: City Council Subject: If it happened right now, what would you do? Team, Your personal safety is one of the most important concerns of mine. Whether you are out in the field, or work at a desk here at city hall, every single person in the employ of the city matters to me. No doubt you feel the same about yourself and family. i know that thinking about disasters and how you might respond is tough, uncomfortable and may be confusing; especially when there are so many different variables to consider in the diverse disaster situations we could be presented with (man-made and natural). But as public employees, we all MUST think about and prepare for disasters; because our citizens will be counting on us the most when that fateful day comes. I Please take a few minutes to answer the following questions for me. you have a tully~developed home/family preparedness plan that could he carried out it you are not at home? 2. So you have an out?ofuarea contact person in the event local communications are inoperable? 3. Do you know it your lob function classified as an essential or non-essential position? 1i, Have you reviewed your departments Emergency 5. Do you know what to do when a disaster strikes while you?re at work or away? 6. if a disaster happens while you are away trom work, are you prepared to get important intorrnation or mstructions? 7. Do you have a personal ?Go~kit? available at work? 8. Will your kit support you if you are unable to return home tor 3 or more days? These are Yes/No questions, so just Copy/Paste the questions into your Email and answer them at the end of the line. Please send your response to our Emergency Management Coordinator Pat Lowery at plowery@ci.seatac.wa.us. Sincerely, Donny Payne Interim City Manager City of SeaTac Robbye Sanchez From: Donny Payne Sent: Friday, February 26, 2016 6:06 PM To: Donny Payne; All Subject: RE: If it happened right now, what would you do? Airight foiksw Not everyone responded to my important questions from last week. You know who you are. For those of you who already responded to Pat Lowery, thank you. Everyone eise, please take a moment to answer the 8 questions heiow, no iater than close of business Monday. We need your responses to deveiop a training program for the organization, and need 100% of y?ail to participate here. i?m not kdding when i say ?Your personal safety is one of the most important concerns of rnne.? Piease heip me, heip you. Sincereiy, Donny Payne interim City Manager Cty of SeaTac From: Donny Payne Sent: Friday, February 19, 2016 11:34 AM To: All Cc: City Council Subject: If it happened right now, what would you do? Team, Your personal safety is one of the most important concerns of mine. Whether you are out in the field, or work at a desk here at city hall, every single person in the employ of the city matters to me. No doubt you feel the same about yourself and family. I know that thinking about disasters and how you might respond is tough, uncomfortable and may be confusing; especially when there are so many different variables to consider in the diverse disaster situations we could be presented with (man-made and natural). But as public employees, we all MUST think about and prepare for disasters; because our citizens will be counting on us the most when that fateful day comes. Please take a few minutes to answer the following questions for me. in; Do you have a fully-developed borne/tarnily preparedness piantbat could be carried out it you are not at borne? Do you have an out?of?area contact person in the event local communications are inoperable? 3. Do you know it your iob function is classified as an essental or non?essentia position? 4. Have you reviewed your department?s Emergency 51,, Do you know what to do when a disaster strikes while you?re at work or away? 6. it a disaster happens while you are away from work, are you prepared to get important information or instructions? 7? Do you have a personal "Go~kit? available at work? 8. Will your kit support you it you are unable to return home for 3 or more days? These are Yes/No questions, so just Copy/Paste the questions into your Email and answer them at the end of the line. Please send your response to our Emergency Management Coordinator Pat Lowery at plowery@ci.seatac.wa.us. Sincerely, Donny Payne Interim City Manager City of SeaTac Mark Johnsen From: Vanessa Audett Sent: Friday, March 18, 2016 12:12 PM To: City Council Cc: Mary Mirante Bartolo; Mark Johnsen Subject: Formal Complaint on Interim City Manager Donny Payne Attachments: RE: Cabot Dow; RE: Performance Review ?How-to? Importance: High Good afternoon Councilmember?s, lam writing you this message because I have reached a point where I don?t believe there is any other option. The City does not have a formal process or policy that dictates how a complaint against a City Manager would be filed or investigated. This is an obvious blind spot, one we have never encountered because don?t believe any City employee has ever been in this position. lam being subjected to an increasingly hostile and harassing work environment by Interim City Manager Donny Payne and it began when refused to perform an unethical request made by Donny Payne. In mid to late January 2016 Interim City Manager Donny Payne informed me that he wanted to hire a "second in command? and asked me what he needed to do in order to makethat happen. Donny informed me that he knew who he wanted to hire and that it was someone from his military background that he trusted. Donny disclosed this person had no municipal experience. educated Donny on the internal processes required to open a new position or reclassify an existing position. We agreed that this was not a new position, rather a reclassification ofthe existing Assistant City Manager position. I informed Donny that in order to bring the reclassification to the Administration and Finance Committee for ratification that we first needed to create a job description and conduct a salary study. worked with Donny to create the job description and I conducted the salary survey. assisted him with preparing for the Committee meeting and I attended the meeting in support of the reclassification. In the late afternoon of Friday March 4, 2016 Interim City Manager Donny Payne came to my office wanting to talk. First he spoke to me at length about his dislike for Colleen Brandt-Schluter, alleging she had made comments about Council decisions and about the City Manager that he didn?t agree with. The message I received from Donny is that he wants to get rid of Colleen and anyone else who did not blindly support him. Next he wanted to talk about the open Deputy City Manager position that was ratified by the Administration and Finance Committee on February 24, 2016. He stated, and I quote, "we need to build a process around this hire that looks good to the public.? The hire he was referencing was that of his friend from the military who lacked municipal experience. Donny was asking me to initiate and lead a fake recruitment process that resulted in the hire of his intended candidate and he implied that this fake process was supported by Council, as evidenced by Council?s participation in his own fake hire and the show made for the public. I protested this approach and informed Donny that he has the administrative authority to appoint and hire this individual without having a recruitment process. I advised him that a fake recruitment "to look good for the public? couldput the City at risk for potential employment discrimination claims and informed him that I would not lie for him under any circumstance. If I were deposed in an employment discrimination investigation, I would tell the truth. If Councilmember Campbell or Fernald inquired about the recruitment process, I would tell the truth. I advised Donny that if he wanted to appoint his friend, I suggested he do it in a forthright manner and be prepared to address and defend criticism received by the public and/or Council. On Wednesday, March 9,2016 during our weekly Leadership Team meeting, the leadership team was having an open discussion about Emergency Management preparedness of staff and the ability to require all personnel to register for Code Red. All of leadership team was providing opinion and feedback, some contrary to Donny?s, and he became visibly angry. He turned bright red and gesticulated his arms on the table in an angry stance. I felt his anger was focused directly at me and I could not understand why. Following the meeting, two department heads also indicated they felt Donny?s reaction in the meeting was awkward and inappropriate and that his anger Was obviously directed at me. I had 1 not met with or spoke with Donny since I refused his request to initiate a fake hiring process on March 4, 2016. His anger and reaction to me in this meeting were in retaliation to my objection to his unethical request. On Wednesday, March 16, 2016 following a PVRB meeting, Donny requested Maria and stay behind to discuss the LERA conference we attended the previous week. After a brief conversation, Donny excused Maria Woods from the meeting and requested Maria close the door behind her. Donny started the conversation by stating he had been meaning to talk to me about the prior week?s leadership team meeting. He admitted that he was angry, stating that it was probably obvious because his face turned bright red. He then said, and quote ?I?m not Asian so I can?t sit without expression? and went on to articulate because he isn?t Asian he wears his emotions on his face. Donny?s derogatory remarks regarding ?Asians? are offensive; i am part Japanese and he knows it. He went on to tell me his anger was directed at me, and a little at Will Appleton, and accused me of being ?patronizing? toward him in?our leadership team meeting. I asked him what I said was patronizing or why he felt that way and he never directly answered either question rather stated that it is clear to him that "he does not have control of his people.? Throughout this meeting I tried to give Donny honest and helpful advice regarding staff and how to effectively get things accomplished using his leadership team. I offered that trust and respect might be alternatives to control worth pursuing, Was desperately trying to salvage a completely inappropriate and uncomfortable conversation. Donny indicated that the very email he sent to staff regarding emergency preparedness was a ?test? and that we failed his test. He stated that meeting wasn?t the last of it and he was still figuring out how to deal with staff on that issue (because some staff had not replied to his request fOr information regarding emergency preparedness at home). I did not understand what he meant by the email being a ?test? but it was clear he plans to do something about it in the future. Regardless of the confusing nature of this conversation, apologized to Donny if he felt I was being patronizing and told him that is certainly not my intent. I felt was being reprimanded and disciplined although I still do not understand why or what for. Next, Donny stated that he is disappointed that I have chosen not to support him hiring his Deputy City Manager candidate. i told him i fully understand him wanting to bring in his own candidate, someone he trusts, and am willing to support the ethical hire of this individual and would draft the employment agreement. told Donny he came to me and requested I lead an unethical hiring practice to defraud or fool the public and that made me uncomfortable. I told him i since reflected on the conversation and chose to believe that he did not intend to ask me to do anything unethical. I tried to give him an out so we could put this behind us and move forward. i gave him advice that had he come to me and said, want to hire John Doe for the Deputy City Manager position, but I am sensitive to how the public will perceive the appointment, what are my options?? that I would have provided him with all the same information and options, but a fake recruitment process would never have been an option. Instead of Donny accepting the out I offered, he proceeded to interrogate me and argue with me about what is and what is not ethical and try to force me into his fake recruitment process. He went through the process trying to craft and develop a fake recruitment that would fool people and after at least 30 minutes of defending myself and my ethics, I told him we can sit here all afternoon but my ethics on this matter will not change you are the City Manager you can do whatever you want. He said fine and said we are done here and I left his office and went straight to the City Attorney?s Office to report what had just happened. in my 16+ year career in Human Resources have never been subjected to such an intimidating and uncomfortable situation wrought with threats, derogatory racial comments and insistent demands to violate Equal Opportunity Employment and established recruitment practices. i am a strong and confident experienced professional and this hostile encounter with Donny Payne reduced me to tears of fear and frustration. i believe Donny Payne is using indirect verbal threats to my employment, is physically intimidating me with an explosive temper, is degrading me with derogatory racial remarks and is attempting to constructively discharge me through increasingly harassing behavior disguised as performance management. I have attached a couple examples ofthis from this morning. His behavior is escalating and i am fearful of his retaliation and uncontrolled temper. This all began following my refusal to execute his original request for a fake hiring process. Prior to this I believed Donny and I were developing a positive working relationship. My formal complaint is harassment, hostile work environment, retaliation and discrimination based on race and refusal to submit to unethical requests. request you immediately place interim City Manager Donny Payne on administrative leave pending investigation so I may work in a non-hostile work envirOnment free from Donny?s harassment. A lack of a 2 complaint process against a City Manager is frankly negligent of the City. i am not the only employee being subjected to Donny?s derogatory racial comments and unethical requests and I am not the only employee who feels they are being gunned for and retaliated against. I will not speak for other staff at this time but I feel if there was a process for Council to receive complaints on the City Manager that explicitly protected employees from retaliation, mine would not be the only complaint received. Many key staff members feel forced to seek alternative employment, including me, because they are afraid of how they will be utilized and what they will be asked to perform moving forward. We want to work for and serve the City of SeaTac. As the City?s Human Resources Manager feel it is my obligation to file my complaint formerly with City Council prior to escalating to the Washington State Human Rights Commission. i thank you in advance for your time and attention to this matter. Vanessa Audett, SPHR, Human Resources Manager City of SeaTaC Direct: 206.973.4651 Fax: 206.973.4658 vaudett@ci.seatac.wa.us "ibis communication may be subject to public disclosure laws of the State of Washington Mark Johnsen From: Vanessa Audett Sent: Friday, March 18, 2016 10:27 AM To: Donny Payne Cc: Mary Mirante Bartoio Subject: RE: Cabot Dow Donny, We have discussed my previous meetings and the purpose of yesterday?s meeting Cabot Dow severai times. i cieariy communicated to you that the purpose was to deveiop a work pian and update the Services Agreement tor presentation to you next Tuesday. i have kept you in the loop and have been seeking directon from you on how to proceed with cass and comp, and aiso the job Audit Committee. i require your authorization and approvai to execute the consuitant agreement (the cost is above my spending authority), hence the presentation ota work pian and Services Agreement next Tuesday. We have not had weekiy meetings in the past, is there a reason you are iooking to scheduie them now? Are you scheduiing weekiy meetings with of your department heads? i am uncomfortahie meeting with you aione and request another person present. i preter City Attorney Mary Bartoio. in order to he prepared for these meetings, i request an agenda he provided to me beforehand. Thank you, Vanessa Audetty SPHR, Human Resources Manager City oi 8eaTao Direct: 206.973.4651 Fax: 2069734658 vaudett@oi.seatao.wa.us This communication may he subject to pubiic disclosure lows of the State of Washington From: Donny Payne Sent: Friday, March 18, 2016 10:15 AM To: Vanessa Audett Subject: RE: Cabot Dow Vanessa, Because i was not privy to your conversation with Mr, Dow yesterday, i do not know what you guys came up with (hence my query). iViy oniy request (heiowi was tor generai intormation, with no caii tor a particuiar course at action, i iike to be kept in the loop on your ciass comp study, and the forthcoming negotiation; this inciude your negotiation pian. We can discuss this more in depth when we begin meeting inwperson reguiariy, starting next week (after your meeting with liiow). Please find a trne on my schedule that works for you and iet Lesa know; D. From: Vanessa Audett Sent: Friday, March 18, 2016 8:46 AM To: Donny Payne Cc: Mary Mirante Bartolo Subject: RE: Cabot Dow Good morning, iVly meeting with?Caioot went weii. its previousiy discussed with you, we have a meeting seheduied next Tuesday at 2 PM to present a work plan and service agreement tor your consideration. i am unclear on your request beiow, do you prefer cancel next week?s meeting and instead present a written proposal for your consideration? Thank you, Vanessa Auden", SPHR, Human Resources Manager City at SeaTao Direct: 266.973.4661 Fax: 266.973.4658 vaudett@ci.seatac.wa.us This communication may be subject to pubi?ic disclosure laws of the State of Washington From: Donny Payne Sent: Thursday, March 17, 2016 6:33 PM To: Vanessa Audett Subject: Cabot Dow Vanessa,? How did your meeting with Cabot Dow. go today? What did you both come up with in terms of a plan? Donny Mark Johnson From: Donny Payne Sent: Friday, March 18, 2016 11:39 AM To: Vanessa Audett Cc: Mary Mirante Bartolo Subject: RE: Performance Review ?How-to? Piease provide this training next week, as i wouid iike to get started ASAP. As i toid you, timeiy performance reviews are important to me, and i want to do them correctiy. if possihie, pease inciude in the training at a hare minimum. From: Vanessa Audett Sent: Friday, March 18, 2016 11:23 AM To: Donny Payne Cc: MaryMirante Bartolo Subject: RE: Performance Review ?How?to? You did request this and i am pianning a training to inciude new managers (inciuding our new Puhiic Works Director). You toid me you had three reviews due soon, mine and Soraya?s but you were unahie to remember the third. My staff member who administers performance appraisais was out of the office yesterday and i intended to askher for a fist of your staff apprasais and a report of new managers hired within the past year at our staff meeting scheduied this afternoon. Maria was present during our conversation and your request and she, nor i, recaii you providing a deadiine or expectation of immediacy. i apoiogize if you feei i have not responded to your request in a timeiy fashion. if you prefer to be given an individua "how to? on how to conduct a performance review, i can get something scheduied for you early next week. if that is your preference, piease iet me know. - Vanessa; Audett, SPHR, Human Resources Manager City of SeaTao Dreot: 266.973.4661 Fax: 266.673.4668 vaudett@ci.seatac.wa.us This communication may he?suhject to public disc/osure fan/s of the State of Washington From: Donny Payne Sent: Friday, March 18, 2016 10:55 AM To: Vanessa Audett Cc: Mary Mirante Bartoio Subject: Performance Review ?How-to? Vanessa, On Wednesday, i asked you for a Performance Review "How?to.? However I have not received it, or any communication regarding your intent to provide it on a particular day. When will someone from HR be available to provide this to me? Donny Payne interim City Manager City of SeaTac Mark Johnsen From: Daryl Tapio [dtolympic@yahoo.com] Sent: Friday, April 08, 2016 To: Mark Johnsen; Mary Mirante Bartolo; Joseph Scorcio; Mike Siefkes Subject: Re: Interim City Manager Investigation/Audit [Spam score:8%] Mark, Mary, Mike, and Joe, I was extremely disappointed in the process and outcome of how the Interim City Manager was treated in the past few weeks. I do not feel he had an adequate and fair opportunity to present his side of the story and was essentially forced out of his position. As I stated in my initial email below, I will not allow this to go unrecognized and I will strongly advocate for substantial changes in our city government to ensure fairness and justice. It is highly likely that the allegations against him were largely false or overblown. The larger issue is that the process used did not seek out the entire story and the full truth. People quit talking and an outside investigator did a cursory level investigation in order to justify the outcome. To a great extent, a one-sided argument was used to make a decision with nobody ?nding out the truth. However, I am not surprised at the process used and the outcome. I could have predicted this from the outset as there appears to be a pattern of what I would consider poor processes and poor decisions especially prevalent in executive session and closed meetings. Council members are elected with a variety of knowledge, skills, and experience. They rely on staff to inform them of the issues and guide them to a good decision. There is a problem somewhere in this process. I also have major concerns as to the level of personal drama surrounding the city which is a major distraction from important matters and projects that need to be the focus. The city and the city's insurance companies have incurred substantial losses with settlement agreements, the 3rd largest property rights jury trial judgement against a city in the State of Washington, a poorly negotiated ILA extension, a bizarre ending to a major effort to improve the zoning code, and a string of property owner issues. In order to improve the functioning of government we will need to get to the bottom of why this keeps occurring. In observing city government for 20 years I have discovered patterns and ?aws in processes that should be addressed. Advice from staff to the city council is of paramount importance. And, much of that advice comes from the Legal Department. Therefore, I will be initiating an audit of the city concentrating on the Legal Department in regards to the following issues: Interim City Manager 2016 Initial Complaint -- Process and Advice Discussed as to Immediate Action 1 Process of Investigation Fact Finding Process Outcome Property -- DA Negotiations and Entitlement Delays Interference by the City with the Property Owner's Lenders/Financing Development of the Station Area Plan Regulations and Outreach to Stakeholders City?s Acquisition Process of the Property Court Case, Mediation, and Trial $9.6 Million verdict and plans going forward Growing media attention surrounding this and the impact on the city's reputation Cassan Property at 176th/ International Statements Made About Cassans by City Leadership Prior to City Actions on Property -- DA Negotiations City Negotiations to Acquire Property City's Action Regarding Eminent Domain And Takings ILA 24 Month Extension Process and History of the Negotiations Position of Various Employees -- Impact of the Extension and the Weaker Position it Puts the City Various Property Owners and Developers Issues Getting Permits and Projects Completed Con?dential at this time as some property owners still have projects pending Other Areas Of Concentration -- Zoning Code Ad Hoc Committee Cindy Baker Direction given when hired, and Termination Steve Butler Missing audio from meeting critical of Steve Butler's performance Prothman Report Prothman Investigation Propety Owners and Developers Stakeholder Meeting All Investigation of Employees All Executive Sessions with City Council This will be an extensive audit and will require a substantial amount of emails and documents for review. In the coming weeks I will start requesting information in order to begin this process. Sincerely, Daryl Tapio Sent from my iPad On Mar 29, 2016, at 2:29 PM, Daryl Tapio wrote: 2 Mark, To add clari?cation to my concerns of this process please consider the following. This process has the appearance of being fair and impartial and producing a report in which good decisions could be based. However, in reality, issues are not always black and white. Two people can have completely different perceptions of the same event. People can bring biases that can skew their perception. Both sides need the opportunity to present their side of the story with legal representation who has experience with this type of law. This has become a legal process with highly experienced, seasoned attorneys representing the city and the city's insurance company. The city and the insurance company appear to be well represented. On the other hand, the interim city manager is not well represented. He has already, based on past actions, and will continue, to take on great risk associated with his reputation, career, and ability to ?nd a future position in management as this process plays out. In any legal process the accused meets with their legal counsel to discuss the potential pitfalls of the process and to be with them during the deposition or investigation. They also get to present their side of the argument guided by legal counsel. If a decision is made, they then have the opportunity to appeal that decision and present their case more fully. I don't see any of this happening in this process. He needs to be fully informed of the process, provided adequate legal counsel before, during and after the interview, and the ability to refute statements made in the report prior to a decision being made. Daryl Sent from my iPhone On Mar 29, 2016, at 10:59 AM, Daryl Tapio wrote: Mark, Mary, and Mike, i have analyzed the process and reviewed the biography of the investigator hired by city's insurance company. He works for the law firm Jackson Lewis and acts as lead counsel on all aspects of employment litigation, including defending discrimination, harassment, retaliation, and whistlebiower Claims. Meanwhile, the interim City Manager has been directed to stay away from the office, relinquished his keys and badge, is to have no contact with city employees or city council, and is'provided no legal representation. And, it is highly likely that it would be a personal financial burden on his family to hire legal representation, especially the same caliber as what the city/insurance company has hired. 3 I can recognize an unfair fight and I can recognize an unfair process. The interim city manager has the deck stacked against him. i will not allow this to go unrecognized and I will strongly advocate for substantial changes in our city government to ensure fairness and justice. Sincerely, Daryl Tapio Ma? SeaTac Mayor and City Council, I was hired by the SeaTac City Council to fill a temporary position following the Council's termination of the previous Citeranager in January 2016. I agreed in good faith to accept the position offered by the newly elected council majority and I think everyone understood the complexity and difficulty of the situation. There was obvious tension and anxiety expressed by the opposing sides, both inside and outside city government. So it should come as no surprise that there would be bumps along the way while implementing a different direction for city government. Change hurts. Given that, wise people would acknowledge the most that can be expected in the first 'few months in government, is to diagnose the problems and begin changing its most troubling 1 aspects; this includes developing the strategies to address those issues. And this is exactly what I have done in the two months I worked for you. While I awaited your final approval of the City?s new Vision/Mission/Goals, among many other things, I discovered a 20 year-old mitigation study which potentially points to billions of dollars of mitigation money that had never been paid to SeaTac and started to address the many problems with Code Enforcement. Also, I found the work ethic at City Hall is lacking. Many employees are not working their entire shifts (8:36 5:86) and abusing "management time, thus not giving the taxpayers their money's worth. Also, some employees are given to outright insubordination, as demonstrated by the poor response of the emergency preparedness questionnaire; their excuses notwithstanding. But in the parlance of Lean Six Sigma (or "Align Improve" here), we were going through the ordinary stages of teambuilding: Form, Storm, Norm, and Perform. Unfortunately, we were in the "Storm" phase, and the process was short?circuited in a mean, extreme and unreasonable manner. Simply using military terminology creates a hostile work environment? Really? This is an example of an unhealthy culture here at the city, and is an impediment to the high performance I am sure Council desires. You have essentially only heard one side of the story. This investigation does not accurately reflect the realities of the political environment nor adequately contextualize the situation in which I was put in as Interim City Manager. If it is deemed necessary, I will gladly provide a written response to each of the allegations in the complaint from the HR Manager and the final report from the investigator. As I said, both include biased statements and inaccurate allegations and I would have happily submitted myself to a polygraph test if asked to show the veracity of my remarks. Indeed, the report cited that I essentially only did three separate "actions," which evidently created a hostile work environment: 1. Asked HR for a legal process to fill the DCM position, allowing for a particular candidate to compete. (but nothing else was done) 2. Asked our city employee's about their current emergency preparedness and ability to respond in an emergency. (but nothing else was done) 3. Asked for updated GIS maps, depicting current demographics based on the most recent Census data. (but nothing else was done) As you can see, nothing here was illegal or immoral and was totally in the purview of my position. Everything else in the report, amounted to people?s perceptions or feelings about my communication style and what they thought my intent was; while actual evidence of ill-intent is sorely lacking. There simply were no plans to fire any existing employees nor were any disciplinary actions taken against any employee or manager, despite their erroneous beliefs. I hired, not fired. The complaint and the report confuses conversations and information?gathering, in order to make an informed decisions, with retaliatory action. But if these things can be so easily conflated (and given credence) to indicate some sort of bad intent, devoid of actual action, no future City Manager will easily survive. This process will continue to occur until Staff gets the leader they want, instead of what the Council wants, and will negatively affect the change you desire. Such self-serving behavior should not be permitted. Although I profoundly disagree with many of the investigation's conclusions, it has become clear, despite my protestations, it will be exceedingly difficult to continue on as an effective Interim City Manager for you. Therefore, effective immediately, I hereby resign as Interim City Manager. In good faith, I performed return. I would hope every possible step will be taken to maintain my excellent reputation (including in regular and social media), so that my future employment opportunities are not ruined. This would include ordering complete cooperation from Human Resources, in providing an unbiased 2 employment verification when called upon, and deliver normal post-employment services from HR, as well as access to unemployment benefits while I search for other work. No golden? parachutes are requested, just some integrity. The city does have many good, dedicated employees who are hardworking and determined to improve the city and its processes. I wish them and the citizens of SeaTac the best in their efforts to reform and improve government. Thank you for allowing me to serve you and the citizens of SeaTac. Respectfully, Donny Payne PS. I have a city?issued phone and a tablet I need to return and get a receipt for. Please advise. Donny Payne Mark Johnsen From: Mary Mirante Bartolo Sent: Tuesday, March 22, 2016 11:16 AM To: Mark Johnsen Subject: Fwd: from Daryl Sent from my iPhone Begin forwarded message: From: "Rick Date: March 22, 2016 at 10:28:11 AM PDT . To: ?Mary Mirante Bartolo" Subject: from Daryl Unless she can prevent Donny from being thrown under the bus this is not the right time for a conversation. i hold her accountable for this crisis - it was totally an overreaction and bad legal advice that created this. if she can undo it i will listen. Otherwise my focus today is providing a defense for Donny and all the hard work we have done over the years. She should be focusing on providing fair representation for Donny and convincing Mike and Erin to be fair. She appears to be mostly concerned about her job and that's not going to solve this crisis. Thank you, Rick Mayor, City of SeaTac Daryl Tapio R0. Box 69736, Seattle WA 98168, Email: dtolympig?gahoo. com, Phone (206)931-3998 City of SeaTac - March 22, 2016 4800 8. 188m Street SeaTac, WA 98188 SENT VIA EMAIL RE: City Manager Decision Attn: Mayor and SeaTac City Council I was informed by council members that the intent in their search for an interim city manager was to have a manager they could trust and would cooperate in their effort to improve local goverrunent. Living in the local area and having a ?rst~hand understanding of the conditions in our neighborhoods and impact of living near an international airport was also important. One of the issued raised with hiring the most experienced, traditional city manager who was a career city manager is that there is a ?rewall between the city council and city staff/city departments. The manager is the executive and is responsible for executing the council?s vision and agenda. Often, councilmembers are not even allowed to speak with staff without the manager?s consent. I heard that our past city manager instructed his staff to immediately alert him if a councilmember was in the building. Council members are kept in the dark on many issues and projects. This would not be conducive to the new council?s objective of fully understanding the issues with local government and implementing necessary changes. This is a major problem in many cities. Yesterday, the Interim City Manager shared with me an email from a local church that has been in the process of trying to make improvements to their property and building. The email described the excruciating experience they have experienced to date and the regulations and costs associated with complying with the different government agencies and utility districts. The cumulative impact of all the regulations for the project has become so cumbersome that the congregation is unable to proceed with the project. Their email was a plea for help. I have witnesses this same issue many times. Several months ago a developer with decades of experience called me and asked if I could meet with him and his staff to discuss the problems he was having completing a commercial project. For over an hour I listened to his story of the painful experiences he had encountered by city engineers, planners and inspectors. I asked him how he planned to complete the project and he paused as tears ?owed down his cheek and then he said: don?t know.? Last fall a person knocked on my door and asked if he could talk to me about a house he was planning to build. He was at wits end and did not know where or who to turn to. He said that whatever he proposes to the city he is blocked at every turn. It?s as if the city is trying to prevent him building his project. This is not only true for private property but also for government projects. The regulations apply to road and bridge projects and drive up the costs and time involved which impacts all citizens and taxpayers. Large projects like Sound Transit?s Light Rail is another example of problems with government. The bureaucrats who pro?t off large projects or have hidden agendas are allowed to hide the real data and Letter Tapio to SeaTac City Manager March 22, 2016 Page I of 2 ?aky! Ta?i? R6). 3533:" 69736, szt?e W14, 98'! 68, Email: Piimw $351-$995 him marketing; aonwimm? put am pmpagmda ?11 arcier mnvinw {ha waters ?mc?ng a sa?u?im that dues mm? :faiieve cangas?ans 213d miy 1% 2% af?x: Skim-23,5; within the: taxmg ?im?m. 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Emma!!ng the: {xii}! by waking togethen speakizzg openiy, sharing infmmatign, pushing bask (m unmasmabi? dema?dg and idm?ziifying mimimm Wii?h a; city nmnag?zr that? will pmvide fz?zmgpammy to pmjezcts and, imam, and compamw with the ma?a}. Simm?a?iyx MW Twit) batter ?Fagin Seaff?ac {Sky Mamagm - Marsh 22, 2016 Page: 2. MB Zinta Smidchens From: Donny Payne Sent: Thursday, March 17, 2016 3:25 PM To: Zinta Smidchens Subject: RE: Census Data meeting notes Zinta, Go ahead without the religion component. Any way to add a component like "country oforigin? instead? l?ll take left up on the offer to pay Thank you, Donny From: Zinta Smidchens Sent: Thursday, March 17, 2016 2:42 PM To: Donny Payne Cc: Bart Perman Subject: RE: Census Data - meeting notes Hello Donny, After doing some further research, it looks like data about religions isn?t available in the form and granularity that you were seeking. Briefly, the 2010 RCMS Religious Congregations and Membership Study is a study of congregations, not individuals. Location information is based on the location of the congregation, not home addresses of members or adherents, Furthermore, the data is summarized and made available by county. ARIS is a survey in the traditional sense, in that they conduct a random number ?generated telephone survey that is designed to statistically represent the population. Again, there won?t be the streetnlevel detail you were hoping to map. So the concern about potential bias in the data is moot. The attached file, ReligionDataSourcesdocx, summarizes key points and references about the data sources. Action items: a? Since data is not available at SeaTac level of detail, remove religion component from the scope of GIS work 1? Clari?cation on deliverables for 3rd bullet in March 9th email Approval to subscribe to pre?processed data and interactive web-mapping site (Social Explorer described below, 3/10/16), in order to begin work on mapped deliverables. Jeff offers to pay the subscription out of his Economic Development market research funds if you don?t have a budget for this Thank you. Zinta From: Donny Payne Sent: Thursday, March 10, 2016 4:45 PM To: Zinta Smidchens Subject: RE: Census Data meeting notes Zinta, You must?ve fired off this email and hit the road. i came right down to talk with you after receiving What is your sense ofthe "2010 US Religion Census?? Credible and non-biased? How about the (American Religious Identification Survey)? Understanding religious composition is important for our analysis, so I am reluctant to eliminate it entirely from this work. i would like to find alternatives with the least amount of bias to include in our work. ideas? Thanks, Donny From: Zinta Smidchens Sent: Thursday, March 10, 2016 4:31 PM To: Donny Payne Cc: Bart Perman Subject: FW: Census Data - meeting notes Hello Donny, Thank you for your updates. We included them in the attached version. A few points before launching into the work. 1. US Census Bureau Data as only sources You mentioned that you don?t want to use data from non-census sources. it turns out that the US Census Bureau does not collect data on religious affiliation. Public Law 94-521 prohibits the Census Bureau from asking questions on religious affiliation. Although "2010 US Religion Census? data is available on the web, the RCMS (Religious Congregations 84 Membership Study) Data is sponsored by the Association of Statisticians of American Religious Bodies (ASARB) and is not with the US Census Bureau. The Statistical Abstract of the United States, 2010, compiles data from many sources, but the data on religions comes from ARIS (American Religious Identification Survey) which is conducted by Trinity College, Hartford CT, - again, a private organization, not affiliated with the US Census. So if non? US Census data cannot be used, it looks like the religious component will need to be dropped from your project. As an aside, the data appears to based on religious bodies or congregations, and not based on home addresses of participants. 2. Locales of potential con?ict Will need more information on defining the scope of work and deliverables to address the 3rd bullet below. 3. Recommendation to subscribe to preprocessed data and data visualization tools After reviewing online data formats, mapping and visualization tools, we?re recommending a 1?year subscription to interactive mapping and data reporting tools (built on US Census data) offered by Social Explorer. Based on previous experience with Census data, access to data extracts will facilitate efficient production of the maps and reports. 1 year, 1 seat subscription $495. Initially, thiscould be used by the group to facilitate creating the deliverables for this project, then transferred to the City Manager?s Office for interactive data visualization to be used as needs arise. Potentially a second subscription could be purchased to be used by the Economic Development Manager in support of demographic and economic analyses. For context, in 2007 a subscription to Mapinfo for demographic and economic analysis data and tools cost $14,395. Thank you. Zinta From: Donny Payne Sent: Wednesday, March 09, 2016 8:51 PM To: Zinta Smidchens Subject: RE: Census Data - meeting notes Zinta, Thanks for rolling up your notes and giving me a chance to ciarify. Reminder: The basis of this request is to better understand our community?s composition, in order to provide more effective governance. A graphic depiction of this composition using census data will help inform future decisions in pursuit of that goal. A few changes I would like for you make on your draft document please? it should read "Data driven resource allocation.? intent: how to better provide for our diverse citizens, particularly if/when they are physically clustered in an area. a ldon?t want to give anyone the impression we are trying to single out a particular religion in the request. was only using those as examples for you. I could have just as easily said lrish, males, Protestant, over 45 yea. We want comprehensive info on ang aspects. a To be clear, i am unaware any conflicts actuaily exist between our citizens. But if they do exist, i would like to lD those obvious areas which might have problems, based on historical record throughout the world. 0 I would not use the term "American ways.? Rather i would say "dominant culture.? intent: how to get more citizen involvement from those who may feel disenfranchised or disconnected with the dominant culture here. Encourage inclusion. 0 Remove the word ?tactical? please; Sounds too ?military.? if it is a term?of~art uses for what I described, no problem. if there are other major religions (outside Christian/iv?lusiim) in SeaTac of which there is a large representation, we should absolutely include those as well (Hindu, Sikh, Buddhist, etc). This will help us better understand our neighborhoods. 1 Do not use data generated from non-census sources (AJ McClure, Brookings, Highline SD). i want to use the most objective data sets, and those examples will likely introduce bias. Please remove from your strategy. 3 Otherwise, it looks like a great plan! Keep me posted on your progression. Donny Payne Interim City Manager City of SeaTac From: Zinta Smidchens Sent: Wednesday, March 09, 2016 12:09 PM To: Donny Payne Cc: Bart Perman Subject: Census Data - meeting notes Hello Donny, l?m attaching meeting notes from last week when we met in your office to discuss Census data and your request for data and maps. The first page contains general meeting notes. The second and third pages describe the general deliverables, and strategies for extracting data and creating the deliverables most efficiently. We would build on work performed previously by SeaTac and the County. We can leverage data stratification work available through industry vendors, which should shorten the turn?around time for creating new deliverables. Please let me know ifl misunderstood anything in the meeting notes and deliverables. Thank you. Zinta From: Lesa Ellis Sent: Wednesday, February 24, 2016 3:28 PM To: Donny Payne Cc: Zinta Smidchens Subject: census data Donny, Zinta has some maps to share with you on demographic data in the city. We have scheduled a meeting for next week. want to share with you that a video of our City Manager?s office intern?s presentation on demographics made in 2009 on the website. Getting to Know Our Community 1. (number 2 is a discussion with Tyee Campus students). Lesa Ellis Executive Assistant City of SeaTac City Manager?s Office p: 206.973.4810 f: 206.973.4819 Ikellis@ci.seatac.wa.us Meeting Notes 3/3/2016 Donny Payne Zinta Smidchens For Interim City Manager to describe to GIS Coordinator, tfor maps and information, based on US Census data. initial scope definition meeting. Interim City Manager has heard statements that SeaTac is the tirdiverse city inthearea, and would like to see data on which this statement is based. would like decisions about providingsaivicges, to citizens to be informed by data about the location of various communities in the City. "Data driven asset allocation?. ICM requested to? receive: I 0 Maps that show the distribution of by age, increme, ethnicity, religion (break Muslim out into ia,_ - ff; to Catholic, Protestant), native vs foreign born Datathat would T'unications plan for different sectors of the City, e.g. team the under? "0 Data that would support addressing in the community, where Sunni vs Shia live) _y Data that wouldhelp increase citizen involVement by people who are Americans but haven?t yet We 15 groups ?adopted Americaniivvays Tactical maps sho?inig which ethgnicities and which religions live where garding previous work and available data, e.g. previous demographic onomic Development Office in 2009; Data available through Human Services and their co I Data used by CED-Planning based on American Community Survey supplements to US Census Meeting scheduled for 30 minutes. Actual 60 minutes. 1 of 3 - i 1. HAND-OUTS Deliverables: Strategy: 2. SEATAC lN CONTEXT OF COUNTY STATE Delijvyerablexty Data A I County ndState Strategies: Maps of the City; of SeaTac, similar to 2009 Series 0 Age, Percentages Under 18yrs - Age, Percentages over 65yrs 0 Average Median Income 0 Ethnic Population Distribution Perce; Black ge Hispanic age White erce ageAsian, Pacific lslander 0 Ethnic Population Distribution - 0 Ethnic Population Distribution 0 Ethnic Population Distributio 0 Religion Percentage? 0 Religion Percentage Ch Use most recent 'U'S'Censu?s and American, mmunity Survey data. Make use of King County map service-Or subscribeto vendor Staph-as Social Explorer, for efficiency. Review vendor options?er data extracts. InvitekiCht'andler Budget, Chandlerfeth?'y?kingcountvgov, to share current studies and findings, to place SeaTac in th?ei?context o?fKing County lounty Public Health, A.J. McClure, for information about SeaTac?s {and their needs, based on age, income Contact Highline School District, Communications Department, to find out most common languages spoken at home Pull existing recent studies, such as Brookings institute Report on Suburbanization of Poverty: 20f3 3. tom FOR DATA I Deliverables: Strategy: Off the shelf tool for interrogating US Census and American Community Survey data Compare Commercial off the Shelf (COTS) solutions for flexible inquiry and reporting, to be responsive as different needs arise. Third party vendor data was part of data research that fed into maps created in 2009 by CMO - Economic Development. Use similar strategy to get to final products more efficiently Options might include King County Map Services?ocial Explorer, Maponics, others, or some combination. . 3of3 Revised 3/10/2016 Donny Payne Zinta Smidchens For Interim City Manager to describe to GIS Coordinator his request for maps and information, based on US Census data. Initial scope definition meeting. Basis for the request is to better understand our community?s composition, in order to provide more effective governance. A graphic depiction of this composition using census data will help inform future decisions in pursuit of that goal. Interim City Manager has heard statements that SeaTac is the most diverse city in the area, and would like to see data on which this statement is based. ICM would like decisions about providing services to citizens to be informed by data about the location of various communities in'the City. "Data driven resource allocation?. Intent: how to better provide for our diverse citizens, particularly if/when they are physically clustered in an area. ICM requested to receive: 0 Maps that show the distribution of residents by age, income, ethnicity, religion (break Muslim out into Sunni, Shiite; break Christian out into Catholic, Protestant), native vs foreign born 0 Data that would support developing a communications plan for different sectors of the City., with comprehensive info on all aspects. 0 Data that would support addressing possible conflicts in the community If they exist, have the ability to ID those obvious areas which might have problems, based on historical record throughout the world 0 Data that would help increase citizen involvement by people who are Americans but haven?t yet adopted-the dominant culture. How to get more citizen involvement from those who may feel disenfranchised or disconnected here. Encourage inclusion. 0 Maps showing which ethnicities and which religions live where Consult as needed within City regarding previous work and available data, e.g. previous demographic maps sponsored by CMO and Economic Development Office in 2009; Data available through Human Services and their contacts; Data used by CED?Planning based on American Community Survey supplements to US Census 1 of 3 i Meeting scheduled for 30 minutes. Actual 60 minutes. 1. MAPS Maps of the City of SeaTac, similar to 2009 Series Deliverables: Age, Percentages Under 18yrs Age, Percentages over 65yrs Average Median Income Ethnic Population Distribution Percentage Black Ethnic Population Distribution Percentage Hispanic Ethnic Population Distribution Percentage White Ethnic Population Distribution Percentage Asian, Pacific Islander Maps of the City of SeaTac, New Series: Strategy: Percentage Foreign Born Religion Percentage Muslim (Breakout Sunni and Shia) Religion Percentage Christian (Breakout Catholic, Protestant) Religion -Other major religions if they?re in SeaTac (Hindu, Sikh, Buddhist, etc.) Use most recent US Census and American Community Survey data. Make use of King County map service or subscribe to vendor such as Social Explorer, for efficiency. Review vendor options for data extracts. 22. SEATAC IN CONTEXT OF KING COUNTY STATE Deliverables: Data showing demographic make?up of the City of SeaTac in comparison to the rest of the County and State Strategies: Invite Chandler Felt, Demographer, King County Office of Performance, Strategy and Budget, Chandler.Felt@kingcountv.gov, to share current studies and findings, to place SeaTac in the context of King County Seek out studies by King County or Washington State that are based on US Census Data. Zof3 TOOL FOREXPLORING DEMOGRAPHIC DATA I Deliverables: Strategy: Off the shelf tool for interrogating US Census and American Community Survey data Compare Commercial off the Shelf (COTS) solutions for flexible inquiry and reporting, to be responsive as different needs arise. Third party vendor data was part of data research that fed into maps created in 2009 by CMO - Economic Development. Use similar strategy to get to final products more efficiently Options might include King County Map Services, Social Explorer, Maponics, others, or some combination. 3of3 3/17/2016 US Census doesn?t ask about religion Statistical Abstract of the United States .a summary ofstatistics on the social, political, and economic organization of the United States. . . . Sources of data include the US Census Bureau, Bureau of Labor Statistics, Bureau of Economic Analysis, and many other Federal agencies and private organizations . Section 1: Population Subchapter ?75 Religion, Self?Described Religious identification of Adult Population cites the American Religious Identification Survey (ARIS) 2008: . .The Census Bureau itself is constitutionally precluded from such an inquiry into religion, and so has incorporated findings into its own of?cial publication the Statistical Abstract of the United States since 2003 . . Methods . The survey [is] based on a random-digit-dia/ing telephone survey: 54,461 interviews in 2008. . all in American residential households in the continental U.S.A (48 states). Respondents were asked to describe themselves in terms of religion with an open-ended question. Interviewers did not prompt or offer a suggested list of potential answers. Moreover, the self-description of respondents was not based on whether established religious bodies, institutions, churches, mosques or synagogues considered them to be members. Quite the contrary, the surveys sought to determine whether the respondents themselves regarded themselves as adherents of a religious community. Subjective rather than objective standards of religious identification were tapped by the surveys. . ReligionDataSourcesdocx Census Data Project 1 of 2 - Religious Congregations Membership Study (RCMS) US Religion Census 1952 to 2010 Sponsored by: Association of Statisticians of American Religious Bodies Data collection carried out by: The Church of the Nazarene Global Ministry Center in Lenexa, Kansas Data hosted online by Association of Religion Data Archives (ARDA) Data is collected about congregations, not individual members. Data is summarized by County "County Membership Reports?. Finest local level (granularity) is Seattle?Tacoma-Bellevue, WA, Metropolitan Statistical Area, (boundary as defined by the US government Office of Management and Budget) . Note: RCMS 2010 is not collecting addresses of individual congregations. This information will only be needed if a participating group asks RCMS 2010 to help determine the county locations of the group '5 congregations. if congregation addresses are submitted in order to determine county location, 2010 promises not to redistribute or sell the address information in any way, shape, or form. . WORLD DATABASE Published by Brill, head office in Netherlands Granularity of data won?t support SeaTac level maps eroaRoup Marketing database of churches and church-related businesses Based on Yellow pages, and public records such as utility records Limited to Christian Groups, data is about congregations not individuals ReligionDataSources.docx Census Data Project 2 of 2