Alderman censured for missed training
Germantown resolution highlights cybersecurity
Corinne S Kennedy
Germantown aldermen voted to censure one of their own Monday night, voting 3-2 in favor of a resolution chastising Alderman Dean Massey for “willfully and intentionally” putting the city at risk of a cybersecurity breach by not taking an online training module.
Drafted by Alderman Rocky Janda, the resolution said a cybersecurity breach could impact public safety, municipal finances and private information of Germantown residents and required Massey to complete the 45minute training by Sept. 27.
Massey said at the meeting he was not opposed to the training but wanted to have it conducted in a public work session and that he did not believe the task could be mandated for aldermen by city staff.
Massey and Alderman Scott Sanders voted against the censure with Sanders warning his colleagues against setting a dangerous precedent.
“I am not opposed to cybersecurity training. What I am opposed to is this censureship resolution. We don’t have a policy that requires it,” he said of cybersecurity training.
The “standards of conduct” section of the Germantown municipal code largely deals with potential conflicts of interest, misuse of public funds and sexual harassment. It does not specifically enumerate instances in which an elected official should or could be reprimanded for breaches of moral turpitude — or failing to take online training modules.
Massey also criticized the city administration for allowing an item to be placed on the agenda without putting the resolution in the agenda packet for aldermen and the public to read before the meeting.
“Even the basic notions of fair play have been thrown out with the way the motion was brought forward,” he said.
The regularly scheduled board of mayor and aldermen meeting at times threatened to devolve into chaos during the two-hour discussion of the censure and seemed to be a continuation of email threads over the past 10 days, which have seen aldermen hurling insults at one another and accusing one another of not acting in the best interest of Germantown residents.
Massey asked Mayor Mike Palazzolo and City Administrator Patrick Lawton to leave the chamber, accusing them of waging a smear campaign against him. Palazzolo multiple times cut into Massey’s speaking time — leading to prolonged procedural bickering between the two — and threatened to clear the chambers after a resident stood up an called for a “citizen’s point of order.”
Aldermen at times looked pained or rolled their eyes at their colleagues’ statements and residents attending the meeting alternately cheered and jeered at aldermen’s comments.
A compromise motion proposed by Alderman Forrest Owens and amended by Massey that would have taken the censure off the table and called for a public work session on cybersecurity training — after which Massey would have taken the online training — seemed primed to pass for about 30 minutes but eventually collapsed.
Lawton said the censure resolution that did pass was not reviewed by the city’s legal department because Janda did not distribute the resolution before Monday.
“It was my hope that (Massey) would take the training and I wouldn’t have to come up with this,” Janda said. Alderman Scott Sanders
Alderwoman Mary Anne Gibson said she was disappointed by Massey not taking the training and said she was concerned he drew negative attention to the city, calling his behavior “reckless and shortsighted.”
The controversy began about two weeks ago when Massey sent an email to members of the media, his fellow aldermen, the mayor and city administration members noting he had created a Gmail account to use for city business. Massey’s access to his city email account had been limited because he did not complete an online cybersecurity training module by the designated date.
City officials have said the training was mandatory for all city employees and officials, a notion Massey disputes. At the heart of Massey’s arguments is the question of whether a city employee can mandate an action for an elected official and then implement a punishment for noncompliance.
The issue is not cut and dry. A representative from the Municipal Technical Advisory Service at the University of Tennessee said she did not know the answer and advised seeking clarification from city officials. Representatives of the Tennessee Municipal League did not respond to a request for comment on the situation.
During a somewhat tense public comment session, nine people — including former alderman John Barzizza — spoke out against the resolution, criticizing it as one in a chain of politically-motivated actions to try to stifle Massey and citizens who support him.
Christine Massey, Dean Massey’s wife, said her husband had dedicated himself to the city after he received a call from God to run for alderman about a year after their marriage and when she was more than eight months pregnant.
“The timing was not good for our young family, but when you feel your call as a Christian, you follow,” she said.
Christine Massey said she felt her family has been attacked by the city administration to keep her husband from speaking up about myriad issues he felt strongly about.
Resident Sarah Wilkerson Freeman chastised members of the board for using a “very serious” motion to “essentially extort” Massey, whom she called a “victim” and a “whipping boy,” and said she thought it was part of an effort to discourage people with opposing views from the majority of the board from running for office.
“This latest power play is what tyranny by the majority looks like,” she said.
Alys Drake, one of two public speakers who did not speak against the resolution and the administrator of the “Eyes on Germantown” social media pages, said cybersecurity was an important issue and that, since Massey has often said he works as an advocate on behalf of the public, he should comply.
“If this is true, take the training. In the time this citizens to be heard has been going, you could have taken the training,” she said.
“I am not opposed to cybersecurity training. What I am opposed to is this censureship resolution. We don’t have a policy that requires it.”
Corinne Kennedy is a reporter for the Commercial Appeal. She can be reached via email at Corinne.kennedy@commercialappeal.com or on Twitter @Corinneskennedy