Pat Zavoral named AE2S Senior Management Consultant

An engineering firm working closely with many aspects of the FM Diversion Project went on the offensive Monday morning so their hiring of former Fargo City Administrator Pat Zavoral would not become a polarizing topic, as evidenced in an email acquired by the High Plains Reader.

Among the 81 people to whom the email was sent were several elected officials and respective staff including Fargo Mayor Tim Mahoney, Moorhead Mayor Del Rae Williams, Fargo City Commission and Moorhead City Council members, and Cass and Clay County representatives.

HOT MEDIA TOPIC

“I would like to make sure you are aware of a likely ‘hot media topic’ on Monday. As many of you know, Pat Zavoral joined AE2S in October after retiring from the City of Fargo,” Eric C. Dodds, operations manager with Advanced Engineering and Environmental Services (AE2S) stated in a Dec. 21 morning email to individuals identified as the FM Diversion Team. “We recently published a new hire announcement indicating Pat’s employment at AE2S. This announcement ran in the Forum late last week and has gained the attention of several diversion critics, and potentially others. We have been alerted that this issue will be a topic on the talk-radio shows tomorrow. As such, I wanted to give you a head’s up.”

“Pat is working part-time for AE2S and brings a wealth of experience and leadership from his long career working for the City of Fargo, especially on large civil works projects,” Dodds stated further in Monday’s email entitled, Head’s Up – Media Attention Regarding Zavoral’s Employment at AE2S. “As many of you know, Pat was a strong leader for the FM Diversion project when he was at the City, and as he aimed for retirement, both Pat and AE2S felt that he could continue to provide consulting support for the project. That being said, we recognized prior to Pat starting with AE2S that having him work on the Diversion Project could be a polarizing topic. As such, we have opted to have Pat focus on projects and initiatives other than the Diversion. As proof of that, since Pat started in early October, he has only logged very limited hours (less than 25 hours) to the Diversion project, and most of those hours have been for internal coordination to assist with capturing historical knowledge and helping with his transition.”

“I am hopeful that you understand this situation, and I’m hopeful that Pat’s employment at AE2S can be viewed positively. If you have any questions about Pat’s employment or this situation, please do not hesitate to contact me or our CEO, Steve Burian,” Dodds concluded.

AE2S ANNOUNCEMENT

The news release, “Pat Zavoral Joins AE2S,” was posted Dec. 17. That announcement soon began circulating on social media. Following is that online post:

“AE2S (Advanced Engineering and Environmental Services, Inc.) and AE2S Nexus have hired Pat Zavoral as a Senior Management Consultant in the firms' Fargo, ND office. He will be providing support to large water supply and flood control projects, including the Red River Valley Water Supply Project (RRVWSP), Fargo-Moorhead Area Diversion Project, and others. Zavoral will also serve as a consultant to various municipalities related to growth, development, and management support.

“Before joining AE2S, Zavoral served as City Administrator for 18 of the 37 years that he worked for the City of Fargo. He was instrumental in developing and beginning the implementation of the Diversion Project and played an important role in Fargo's flood fights of 1997 and 2009. He was also the City of Fargo's staff lead for the development of the RRVWSP.

"‘Pat is an extremely effective leader. He's credited with organizing the work of numerous individuals and entities, and for helping to strategize Fargo's rapid and healthy growth,’ said Steve Burian, PE, AE2S Chief Executive Officer and AE2S Nexus Board Chair. ‘We look forward to bringing Pat's skills and experience to our clients' projects.’

“Zavoral holds a Bachelor of Arts degree in Political Science/Social Science from the University of North Dakota in Grand Forks, ND, and a Master of Science degree in Planning/Community Development from North Dakota State University in Fargo.”

CONFLICT OF INTEREST?

The High Plains Reader sent AE2S Public Affairs Strategist Rocky Schneider a six-question media inquiry nearly two hours before Dodds’ email was sent to the FM Diversion Team. HPR wanted to know Zavoral’s role with the FM Diversion going forward, AE2S’ previous working relationships with Zavoral while he was City Administrator, the nature of any publicly funded contracts between AE2S and the City while Zavoral was a public employee, when and in what fashion initial discussions between AE2S and Zavoral began whereby Zavoral became aware he could consider employment with the firm after his tenure as Fargo City Administrator, and how hiring Zavoral to provide for support large water supply and flood control projects including the Fargo-Moorhead Diversion is not or will not be considered a conflict of interest?

Following is the Schneider’s summary response to HPR:

“Pat Zavoral was a Fargo City employee for 37 years and was made its first City Administrator in 1997. In July of this year, Mr. Zavoral retired from his work at the City.

“Given Mr. Zavoral’s vast experience and talent, Mr. Zavoral is a tremendous resource as a consultant to AE2S and municipalities across the region. Mr. Zavoral considered multiple offers upon retirement, some with more direct roles in specific Fargo and FM Diversion projects. Ultimately, he chose AE2S due to the broadest opportunity for him to be involved in multiple projects of interest across North Dakota and the region.

"Since starting work part-time with AE2S in October, Mr. Zavoral has been working primarily in Western North Dakota helping cities navigate challenges with funding and implementation of their municipal infrastructure needs and helping with the Red River Valley Water Supply Project.

“Mr. Zavoral was Public Works Director during the flood of 1997 and was made City Administrator shortly after where he served during the communities’ successful flood fights in 2009. As Fargo is one of the federal sponsors of the FM Diversion Project, Mr. Zavoral also was a leader in the development of this project. To date, while at AE2S, Mr. Zavoral has logged less than three days of work to this effort in order to assist in the smooth transition to new leaders, and as the Project looks toward federal funding and starting construction within the next year. AE2S itself does not have a direct contract to work on the FM Area Diversion Project. AE2S is a subconsultant to CH2M for Program Management on the Diversion.

“Going forward, it is not expected that Mr. Zavoral will have a significant role on the FM Diversion Project. But where his experience is of benefit to better implement the Project, he has agreed to be available to assist with efforts to implement flood protection for the City he spent 37 years working to make better.”

MAYOR MAHONEY: CONTINUED SUPPORT EXPECTED

The High Plains Reader asked Fargo Mayor Tim Mahoney six questions as well. “I've provided point by point responses, below each question,” Mahoney replied. “I have tried to respond to you as quickly as I can but to the best of my knowledge, these answers are accurate and complete.” Following is that exchange:

HPR: Please explain the role Mr. Pat Zavoral will now have, if any, with City of Fargo staff and leadership now that it was announced December 17th that he had been hired as a Senior Management Consultant with AE2S?

MAHONEY: Since his retirement, Mr. Zavoral no longer has a role with the City of Fargo. His previous representation on behalf of the City with Diversion related activities has been replaced with other City staff members including, but not limited to, the following: Diversion Authority Board; Finance Committee; Land Committee; Administrative Advisory Committee; Technical Advisory Committee; Chairman's Update Committee; FMM P3 Committee.

HPR: Please describe Mr. Zavoral's working relationship with AE2S while he was City Administrator for the City of Fargo, especially in regards to official capacity, collaborative work, contracts or negotiations regarding the Fargo-Moorhead Diversion and involving Fargo, the F-M Diversion Authority, the Cass County Joint Water Resource District, and AE2S?

MAHONEY: The firm of CH2M was competitively selected to be the Project Management firm for the FM Diversion. The selection process involved proposal submittals and subsequent interviews with the Project Management Firm Selection Committee. Committee members included the following: Darrell Vanyo - Cass County Commissioner and Diversion Authority Chairman; Dennis Walaker - Fargo Mayor and Diversion Authority Vice-Chairman; Kevin Campbell - Clay County Commissioner; Pat Zavoral - Fargo City Administrator; Keith Berndt - Cass County Administrator; Michael Redlinger - Moorhead City Administrator; Brian Berg - Clay County Administrator; Mark Bittner- Fargo City Engineer; April Walker - Fargo Senior Engineer; Bob Zimmerman - Moorhead City Engineer; David Overbo - Clay County Engineer. 

Mr. Zavoral's role on behalf of the City was to serve on the selection committee. AE2S serves as a sub-consultant to CH2M.

HPR: Please identify AE2S publicly funded contracts regarding the FM Diversion, FM Diversion Authority and/or the Cass County Joint Water Resource District negotiated and or awarded involving Mr. Zavoral while Fargo City Administrator?

MAHONEY: CH2M serves as the project management consultant for the FM Diversion Authority as a result of an initial contract entered into in 2011. As mentioned, AE2S is a sub-consultant for the project under the contract of CH2M. Thus, to my knowledge, AE2S does not have a contract with the FM Diversion Authority or the City of Fargo regarding the FM Diversion Authority. I suggest that you look to AE2S or the Cass County Joint Water Resource District regarding any contracts between them.

HPR: When and in what fashion did you as Mayor become aware Mr. Zavoral would consider employment some day with AE2S after his tenure as Fargo City Administrator? What if any concerns occurred to you when this information became known to you?

MAHONEY: I was not aware. At the time of Pat's retirement (July 28, 2015), he indicated a desire to either do independent consulting or he would possibly seek employment with a consulting firm. I did not become aware of Pat's employment with AE2S until the end of August, 2015.

HPR: Please describe the role and responsibilities of AE2S as relating to official contracted services and capacities with regard to the FM Diversion, the Diversion Authority, the Cass County Joint Water Resource District and the City of Fargo?

MAHONEY: The AE2S role with the FM Diversion project is as a sub­consultant to the Project Management firm CH2M.

HPR: AE2S' website states that Mr. Zavoral will be providing support to large water supply and flood control projects including the Red River Valley Water Supply Project, Fargo- Moorhead Diversion Project, and others. Please explain how this is not or will not be a conflict of interest?

MAHONEY: While employed with the City, Mr. Zavoral's efforts were in support of the FM Diversion Project and the Red River Valley Water Supply Project. If Mr. Zavoral has future involvement on behalf of his new employer, the City would expect that Mr. Zavoral would continue to work in support of these two projects.