Loading...
Gendler IssueT e Gly oi Kal Telephone (406) 752-6600 Incorporated 1892 Douglas Routhe P.O. Box 1997 Mayor Zip 59903-1997 Bruce Williams City Manager City Council September 27, 1993 Members: Mr. Tom Bostock GaryW. Nystul Ward I Warden, Christiansen, Johnson & Berg Cliff Collins 221 1st Avenue West Ward I Kalispell, MT 59901 Barbara Moses Ward 11 Re: Resignation of Susan Gendler Fred Buck Dear Tom: Ward II Jim Atkinson I am enclosing a letter addressed to Amy Robertson, Finance Ward III Director, from Susan Gendler regarding her resignation. You Lauren Granmo will notice that Susan made allegations of dishonesty, Ward III corruption, conflict and stealing. Although I presume that the letter of resignation was precipitated by problems associated Pamela B. Kennedy with the Three Mile Farm development, the allegations contained WardlV in the letter are troubling. M. Duane Larson Ward IV Efforts by the Kalispell Police Department to contact Susan to discuss her allegations have not been successful. If Susan has any information regarding illegal activities the City Administration would like to know. Therefore, I would appreciate assistance in determining whether or not the allegations made in the letter have any substance. If the allegations have substance the City would like the opportunity to talk with Susan about them. Please contact me after discussing the matter with the Gendlers. Thank you. Since ely Glen eier City Attorney GN/sh pc: Bruce Williams tRHibi I "A" SUSAN GENDLER 233 TERRACE ROAD •!•'755-2321 City of Kalispell Kalispell. • Att: Ms. Amy .•!. • DirectorFinance Resignation Please be advised I am tendering my resignation as of 8:00 AM. Monday, September 26, 1993. • appreciative of opportunity to have worked with you-, you have always been more than fair, totally honest and hard-working It was a pleasure • work foryou. I am resigning because of the Dishonesty. Corruption, Conflict and Stealing which has become prevalent at City Hall/Community Development. • these conditionsto be abhorrent and I simply trustworthynot tolerate them. I am impeccably honest, hard-working, dedicated, • reliable (as you• The atmosphere described above Is distressing and I do not wish to be assocfated with It. I regret any inconvenience this may cause you, but I must do what my conscience dictates. Thank you./ l � C „ SUSAN GE LER LAW OFFICES OF WARDEN, CHRISTIANSEN, JOHNSON & BERG 221 FIRST AVENUE EAST GARY R. CHRISTIANSEN, P.C. JAMES W. JOHNSON STEPHEN C. BERG TODD A. HAMMER BRUCE MCEVOY THOMAS R. BOSTOCK KENT P. SAXBY MARK L. STERMITZ PAUL A. SANDRY Glen M. Neier City Attorney Kalispell City P.O. Box 1997 Kalispell, MT P. O. BOX 3038 KALISPELL, M❑NTANA S9903-303B September 28, 1993 Hall 59903-1997 Res Resignation of Susan Gendler Dear Glens OF COUNSEL MERRITT N. WARDEN TELEPHONE (406) 755-5535 TELEFAX (406) 756-9436 93309.1 In response to your letter of September 27 regarding Susan Gendler, the references in her letter of resignation to dishonesty, corruption, conflict and stealing related to a series of incidents that have occurred over the past few years and are already of record. These include the embezzlement and/or misappropriation of funds by city personnel. Susan wishes to make clear that she is not personally aware of any ongoing scheme that has not already been brought to light. There is no need for the police department to further contact her. Please call me if you have any questions. Thank you. Yours sincerel�4t Thomas R. Bk TRB/jaf i., MRS. •' GENDLER 233 TERRACE • • D KALISPELL, MONTANA•*/ i. 1.a e�P J5s 10 l 31 September 28, 1993 Detective Ron Fredenberg City of Kalispell City Hall Kalispell, Montana 59901 Dear Detective : Re: Charges of Theft, Dishonesty, etc..... City of Kalispell You phoned here today to inquire about specific allegations of theft, etc... We discussed a variety of occurences of Stealing and some you were aware of already. Why don't you look into the corrupt incident of "file tampering" of Public Records by a City Employee? This is a very serious matter and any tampering with records in a Public File should be uncovered, and prosecuted to the fullest. See "Warden, Christiansen, Johnson, Berg letter by Thomas Bostock telling of his personal knowledge of a "switched or altered" document. If we can't get to the bottom of this Corrupt deed perhaps the Montana Attorney General's Office or Federal Bureau of Investigation can. Sincerely yours, ng NA 00 W� V�mwm V',4ile Mao FG:ss LAW OFFICES ❑F WARDEN, CHRISTIANSEN, JOHNSON & BERG 221 FIRST AVENUE EAST P. O. BOX 3038 KALISPELL, MONTANA S9903-3038 GARY R. CHRISTIANSEN, P.C. JAMES W. JOHNSON STEPHEN C. BERG TODD A. HAMMER BRUCE MCEVOY THOMAS R. BOSTOCK KENT P. SAXBY MARK L. STERMITZ PAUL A. SANDRY Glen M. Neier City Attorney Kalispell City Hall P.O. Box 1997 Kalispell, MT 59903-1997 Re: Three Mile Farms Dear Glen: September 28, 1993 OF COUNSEL MERRITT N. WARDEN TELEPHONE (406) 75S-5S35 TELEFAX (406) 756-9436 93309.1 As you know, I represent Three Mile Farm Country Townhomes, Inc. and its president, Fred Gendler. Mr. Gendler is very displeased with the way in which the City has handled the Three Mile Farm development proposal. It is felt that this development has been singled out for specialized, discriminatory treatment. Efforts have been made to comply with all reasonable requests, to develop the project in a manner consistent with community standards and interests. As you will recall, Mr. Gendler and I met with you on August 10, 1993 to discuss the issuance of building permits for the project. During our meeting a letter was produced that had been authored by Brian Wood, zoning administrator. I personally held and reviewed the letter which was signed by Mr. Wood, and was specific to the Three Mile Farm project. It indicated that before any building permits were issued, all subdivision requirements would have to be met. We all agreed that this recommendation was unreasonable. Mr. Gendler recently requested a copy of this letter. What has been produced in response is what appears to be an altered "memorandum" that differs from the letter that I reviewed. This is a different document. It is my client's belief that the apparent destruction of such a letter is representative of a very real problem that has and will continue to exist with respect to the further progress of this development. The result has been substantial delay and impediment to the progress of this project, resulting in considerable financial damage. Yours sincerely, �Zd-- & / .4 3*/ Thomas R. Bostock OEM KALISPELL POLICE DEPARTMENT Box1997 Kalispell, MT 59903 ADDISON H. CLARK Phone (406) 752-6400 Chief of Police 30 September 1993 Mr. Fred Gendler 233 Terrace Road Kalispell, Montana 59901 Dear Mr. Gendler, DONALD A. HOSSACK Asst. Chief Immediately following the receiving of your letter to me dated 9-28-93, I proceeded to the City Attorneys office and requested to see his complete file on the Three Mile Farms Project. As I searched the file, I could not find any other memos or letters other than the one that you claim is "altered". When I questioned Mr. Neier as to any other documents, he stated that everything he has on the project is in that file. He further claimed that "to his knowledge", that he has copies of everything, and that there was no other correspondence. I then proceeded to the Community Development office and talked to Mr. Wood. While there, I checked all paperwork in his files on the project. There were no other memos or letters other than the one in question. Mr. Wood told me that he had, also, checked for any other documents or memos, and had found none. He also, stated, that to his recollection, that there were no other documents or memos. When I returned to my office, I called your attorney, Mr. Tom Bostock, and explained my findings to him. We reached a mutual understanding that there was no need for further investigation on my part, as there is no "proof" of improper or illegal actions. Mr. Bostock told me, that to his memory, the "letter in question" is essentially the same as the one he remembered reading, except that, he does not remember the last paragraph being on the memo he read. . rt Because there does not seem to be any other avenues of investigation left open to me, I will be doing no further investigation on this matter. If, in the future, you feel there is something more concrete on the matter that could shed new light on the investigation, please feel free to contact me. Sincerely, LT. RON FREDENB� Chief of Detectives Kalispell Police Dept. RF/ss T K Rt Incorporated 1892 Telephone (406) 752-6600 Douglas Rauthe P.O. Box 1997 Mayor Zip 59903-1997 Bruce Williams City Manager City Council DATE: October 4, 1993 Members: Gary W. Nystul wards TO: Flathead Job Service 427 First Avenue East Cliff Collins Kalispell, MT 59901 Ward I Barbara Moses FROM: City of Kalispell Ward11 P.O. Box 1997 Kalispell, MT 59903-1997 Fred Buck Ward II RE: Susan Gendler/Unemployment Compensation Claim Jim Atkinson Ward III In response to the above Claimant's application for IourenGronmo unemployment compensation benefits from the City of Kalispell, Ward III the City presents the following as a rebuttal to the claim. . Pamela B. Kennedy On September 27, 1993 Susan Gendler, Assistant Finance Ward Director, resigned her position with the City. Mrs. Gendler M. Duane Larson resigned without warning to the City and left her employment Ward IV station shortly after 8:00 o'clock A.M. Her letter of resignation, attached hereto as Exhibit "A", was deposited, along with a timesheet, on the desk of the Finance Director. Mrs. Gendler's statement that the "theft, embezzlement and other criminal activities" created an intolerable situation is simply a contrived account designed to mask her real reason for leaving her employment. Over the last few years the City has experienced instances of employee theft and one case of embezzlement. The employees involved in criminal activity with the City as a victim have been prosecuted criminally and/or dismissed as a result of their activity. The City does not believe that its employee theft problem is greater than any public or private agency of similar size and complexity. Mrs. Gendler's decision to leave City employment primarily concerned an attempt by her husband Fred Gendler to obtain favorable treatment from certain City officials regarding a subdivision in which he was involved. Mr. Gendler was not satisfied with a decision of the City officials. On September 24th, 1993 he became upset and berated a City Building Official when he was told that he was required to install certain public utilities (water, fire hydrant and road) prior to obtaining a building permit to construct a 4-plex on property within the City limits. Flathead Job Service October 4, 1993 Page 2 Mr. and Mrs. Gendler have on several occasions within the past week, both publicly and privately, accused the City generally, and the City Manager, Building Official, and Zoning Administrator of engaging in conduct such as altering documents and being corrupt in their dealings with Mr. Gendler. All allegations made by the Gendlers are totally false and without basis. The mental harassment alleged by Mrs. Gender amounts, likewise, to an overactive imagination resulting in a false accusation. The statement made by Mrs. Gendler in requesting unemployment benefits sounds disturbingly like someone attempting to lay the groundwork for an unlawful discharge action. Mrs. Gendler had no good cause to terminate her employment with the City of Kalispell. The City did not dismiss Mrs. Gendler and would be willing to re- employ her should she desire to return to work with the City. Therefore, the City respectfully requests that the Montana Department of Labor and Industry deny the claim for unemployment compensation submitted by Mrs. Gendler. Signe l4ner City Attorney EXHIBIT "A" 233 TERRACE ;.D KALISPELL, MONTANA 59901 •, September 26, 1993 City of Kalispell Kalispell, Montana Att: Ms. Amy Robertson Finance Director : Resignation Please be advised I am tendering my resignation as of 8:00 AM, Monday, September 26, 1993. I am appreciative of the opportunity to have worked with you: you have always been more than fair, totally honest and hard-working It was a pleasure to work for you. I am resigning because of the Dishonesty, Corruption, Conflict and Stealing which has become prevalent at City Hall/Community Development. I find these conditions to be abhorrent and I simply will not tolerate them. I am impeccably honest, hard-working, dedicated, trustworthy and reliable (as you well know). The atmosphere described above is distressing and I do not wish to be associated with it. I regret any inconvenience this may cause you, but I must do what my conscience dictates. Thank you. SUSAN GE LER LAW OFFICES OF WARDEN, CHRISTIANSEN, JOHNSON & BERG 221 FIRST AVENUE EAST P. ❑. BOX 30139.. KALISPELL, MONTANA S9903-303B GARY R. CHRISTIANSEN, P.C. JAMES W. JOHNSON STEPHEN C. BERG TODD A. HAMMER BRUCE MCEVOY THOMAS R. SOSTOCK KENT P. SAXBY MARK L. STERMITZ PAUL A. SANDRY City of Kalispell ATTN: Landa P.O. Box 1035 Kalispell, MT 59903-1035 Re: Susan Gendler Dear Landa: October 7, 1993 ❑F COUNSEL MERRITT N. WARDEN TELEPHONE (406) 7SS-SS35 TELEFAX (405) 756-9436 93431.1 Susan received your note of September 9, 1993 regarding the "PERD" form that must be signed. I would appreciate it if you could send the form to my office, where I will have Susan sign the document and will then return it to you. If there is a problem with this, please let me know. Thank you. Yours truly, Thomas R. Bostock TRB/tll cc: Glen Neier t said, adding that the i will eliminate about ustry jobs over two issues have the larg- iber harvest, he said: itinued on page A-7 ►ned its arrest, the sources y was arrested in Ev Mart he had a pistol nil sources told'the y y� ♦ y � [hat a fisherman found ■ : �,,, 4 ■ .+ . . rder weapon, a 'lever fate f o r m e r..-,. �� ae rmmed amity , "r �ctsd by the Kalispell .x ling to talk about the x ■ two children mur- M Family member —the , a r e _ � tr—chned with the W y, Y ri b + y teys, have told others `> z ,aX e case not to talk to by Roger Hopkins r K } r he case. = Susan Gendler, -assistant fi- $peaking on behalf of his wih,E y subdiYrsion' was involved with n, a detective with the nance director for the city of Kalis- Gendler confirmed that the allege -:was approved by the Kalispell City y Sheriff's office, said Pell, resigned Monday after nearly tides of stealing, for the mostparQ4 wi Council Au .16. do the Lincoln County three years working for the city, a matter of public record. In addition "We're honest people," Gendler �atch from the Alex saying in her letter of resignation., to the" city court and -water depart= ` said. ."Is this the way government ce at 4:41 a-m. "We that she quit because of "dishonesty,. ment incidents, Fred Gendler. tb- does business otit here?" he asked it the residence within corruption, conflict and stealing ... ferred to the '`ticket scandal "f: The couple moved to Kalispell from lutes, and a detective which has become prevalent" at the That matter has to dowith all the office at 5:38 a.m. city. lions of pado rackets -being dra-;conlrnrud ors page A-8 „ City Manager ; missed for Deity employees.. The .ase)se to Mrs. Sweet said that immediately upon receiving her matter resulted in the termination of�� , ends received a call at letter, he ordered the'police depart- one employee, who is appealing hex m a family member ment to investigate the allegations, firing through -.the city union of Sweet's intentions. fearing that with Gendler's access to Other matters of stealing and cor- ayed with her friends large sums of money that there may ruption that have not been disclosed, 's capture. "Jan was be serious problems. But Williams said Gendler, include the theft ofa early told the Kalispell News Wednesday cash and of a personal item Thursday morntng at the Lee guy," said the sources. Pe Y petty Pe Distributing plant west of Kal- arrested at7:48 a.m. by that Gendler would not talk about from her desk. Dis on plant west f was FCSO and the Kal- specifics with police investigators. Williams said that $100 was taken ispstill ll on U.S..S. investigation at )epartment. Williams said he received a fol- in petty cash from the city's vault this 8ati� Prm low -up letter from Gendler's attor- summer by a volunteer working for trrrte a= y; ney on Tuesday, which said the sub- the park's department. And Williams � .. !' Confined ,a . stantive issues of stealing were, for said he was aware of the theft of a coldstorageroomrnthebtrild- ��' = the most part, a matter public record, candy dish from Gendler's desk. mg, accordingtoownerChuck =r f - and included previously investi- But he said as far as he was con- lEie there its 6gh �Precip.� gated charges of embezzlement in cemed, all the allegations of "steal- some damagC there`, "the it 58 30 r ; > 0 ___ ; the city court and improprieties in ing" that Gendler alluded to have suranci! man'is Smiiing�' and the city water department. "I'm sat- been investigated. the ,beer distnbutin warn 62 29 U house remains `in business. 66 0 isfied that the charges that she used Fred Gendler said the incident gig 0 E 68 in her letter refer to cases" that have that culminated in his wife'sresigna- =w "Thebeeris stillCold filtered," 69 73 _ already been investigated, Williams tion was when a letter was removed 74sg " o said from a file and replaced Fred FO1u fire pall re to bit a ig Gendler did not wish to talk about Gendler, who said he is an investor spondeci ' at about. `p Year to Date 126 her allegations with the Kalispell in a major subdivision near Three & The:buil�iirig`is in Smith Valle Futi The ,.�:M. SwL-Dry%ith News Tuesday, and her husband, Mile Drive, said the letter was taken y_ DAM i over the weekend. Fred Gendler, referred questions to from the city's development file oa department';was'aided in its 60's, Sac &Sun a their attorney, Tom Bostock. How- the project. "We can documentthis," responss by the West Valley; r 60's end 7015 ever, Bostock did not return calls to he'said. Kalispell, and South Kalispell os�rt. the Kalispell News, prompting a re- Gendler did not wish to go into departments c Sun. 30's turn call to Fred Gendler Wednes- detail about the contents or context - - .,F r}.a �PfrPr T1,P ThrPP-1l�IP Farm r 1,1993 - � - .�-_. �•�> f N � � zs ;��� �: > �- a "# ::� � �` � it 1 �p t t � � —from page A-1 0MC1A� from page�. S in had observed park out of state. K said when she Teceived the letter E id were aware that r "Susan was prbutl to tell purple Mond drought it Wa f , ;Glenn Frame, Ronan; Buck Foster, White. ,re frequenting the she worded for the city;' a said, but joke vv�s i na''nii Bill Oyler, Bozimm; and Hagh Frame of Mi that gradually_ ;changed xs she pb-; never riicated yprobtem to tnr,,`' r appointments to be' Board of Directors of ti, perienced hikers in served what was going on, he -saii Robe, n` said fie -allegations were .,: work, according to Amwest President, Wilfr were adamant that "Maybe my standards are too hi espe-9"b' confusing'it the city'ifi '; ;A former sheriff of Lake County, Glenn F clearly a surprise said Gendler "We don t want to b _ nancei -had just been audited by enforcement Since 1981, Frame has been Pr ,rding to Cole, "We associated with dishonesty and cor- state auditors who issued a favorable Llamas. „ - .... Fes.. � --I I <:1 ar off trail, between ivption. _ report.,y' Whitefish -Based businessman Foster is Pre a cliff; the bear was Gendler said that the day alter the _ Robertson saiQ Gendler was 'a and of Glacier Wilderness Ranch. Foster is a was a mutual sur- subdivision was approved, Williamsgood employee ,,,rid cony to see pursuits in the Whitefish area. discontinued any communicgtion her ,go Oyler retired recently from an 18 year caree cal time of year for with his wife �; Medicine in Bozeman. Oyler is now invol, -ry intently focused Williams said that Fred. Gendler SBA Sets Young 'Bozeman businesses; to Frye, Chief Park essentially wanted special consider- " ' ` " " �` ` ''•. ;A co-owner of Try -City Lumber Compan Entrepnreneur �rtly because oftheir scion for the development; which - C „� � ,actively involved in community affairs and spc ith foraging behav- included issuing a building permit Seminars - �. ., Valley and due to withouthaving the tots properly plat- Frame (no reladon to Glenn Frame founde( perhaps Small Business Administration ) ,bers of fall hikers, ted- "1 think he felt frustrated that M will sponsor a series of seminars . served its President and CEO until his retire ,t as accustomed to had to invest in a project that he designed to assure that highgchool as a director of the National Association o is and are more apt really didn't want to invest mono President of the Montana Contractors Associ, „ � Y and college students as well as young -iced during the fall in, said Williams. professionalsfromthroughoutMon- : Missoula in 1968 from his native Wyoming. Williams said that the city treatany tana have the chance to explore the Amwest M"cial Network is a financial hind incident result- Gendler the same as it treats any career alternative offered by small - located in Missoula with Executive offices irk visitors this year other developer looking at projects business ownership. ;;1 Amwest is in process of forming four wholly-c it as a result of a in the city limits. In addition to ' . -One day Young Entrepreneur Finance Corporation, Amwest Life Assuranc er. A similar sur- Gendler's allegations against the Seminars (YES) will be held at three A ted to Development Corporation. "Amwe: xcuired on Thurs- city in general, she specifically locations in Montana, on Oct. 13. sated to Kapp stem the outward flow of capital the Parles firebrand named the Kalispell Planning, Eeo- Locations include Eastern Montana a broadly held Montana owned and domiciled August 1, a couple nomic and Community Development - College in Billings, Northern Mon- five, attractive, and competitive financial prod ilso surprised a fe- Department as being corrupt, the tana College in Havre and the Re- acubonthe Cracker department which reviews devel- serve Street Inn in Missoula. opments and issues building permits. "Because small business is so again stress that Williams said as far as he is con- g critical to the growth and expansion )untry, and fall is a cerned, unless Gendler offers any of our economy, it is imperative ,r bears. Park visi- more specific allegations, the matter that we introduce our youth, early, t for possible bear is closed, and he will go about the to the challenges and rewards of . - -e in the Park and process of hiring a new employee- operating a successful small busi- :nded precautions, He said Gendler was an excellent ness, said Jo Alice Mospon, Mon- Taxes and the Chan loud noise, don't employee. tans District SBA Director. . hike after dark. Her supervisor, Amy Robertson, "Young Americans are often over- These are common questions ductic looked when it comes to entrepre- asked by people and are pre- you ii from page A-1 neurial education and training. Many sertted as a public service of this tax re; young people believe that starting publication and the IRS. s set in order to help puter software to help "model" the and operating a small business is an a M atened species, re- impacts of logging and other forest . event tied to adult life and colleges : Q, My wife and I just had our first puter iintain its recovery activities on bears. educate students on how to become child, Do we have to get a social office ed" as a threatened "It is not our intent to shut down proficient employees, rather than apt, number for him? affect motorized activities in the forest," business owners," she said. lies in grizzly bear said Dale Harm, the state supervisor YES seminars will emphasize the A. While you may not need it imme- A- Bt the F&WS, have of the Ecological Services Division importance of choosing the right diately. it is. a good idea to get a ployed bears avoid areas of the U.S. Fish and Wildlife Ser- business, and the format will in- number for your child as soon as pos- income d roads exist, mean- vices in Helena. "We're trying to elude workshops, lectures, audio- siible. There are several reasons to get Medic: lards could be re- find a balance" between access, re- visual presentations and a question his number now. You will need the whose �n, new technology sources and the bear. and answer period. The workshops social security number if you buy a day, s'