A Government of Laws OR a Government OF, BY & FOR Mayor McCloud?

“McCloud said it would be bad judgment for elected officials to ignore advice given to them by the city attorney.”

(Source:
CARMEL
Charity calendar ignites legal fears
Belles in the buff can't give cash to city,
Maria Alicia Gaura, San Francisco Chronicle, January 30, 2005)

(http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2005/01/30/BAGFOB2SRM12.DTL)

• On May 23, 2006, Mayor Sue McCloud accepted $40,000 from the Carmel Fire Belles prior to the Forest Theater Guild’s film presentation of “Calendar Girls.”

• Yet, City Policy C89-41 requires City Council approval for all donations and gifts to the City with a value in excess of $1,000.

• The Staff Recommendation is to approve the resolution accepting the $40,000 gift from the Friends of the Carmel Fire House despite dissenting legal advice from the City Attorney.

• The Resolution is item G. on the Consent Calendar (thereby precluding a public hearing unless pulled by a City Council Member, Staff Member or member of the public), not on the Public Hearing section. The Resolution on the City Council 6 June 2006 agenda states: Consideration of a Resolution accepting a gift of $40,000 from the Friends of the Carmel Fire House, Inc. for the Carmel Fire Station.

• The City Council had a Special City Council meeting on 23 May 2006. At that meeting, Mayor McCloud could have placed the Resolution on the agenda for approval by the City Council. Mayor McCloud did not; as a result she accepted the Carmel Fire Belles monetary donation in violation of proper procedure and protocol.

The Constitution establishes a government of laws, not men; and no men, or women, or even mayors of lilliputian villages, are above the law.

The mayoral record of Mayor McCloud, from April 2000-Present:

• Complaints chronicling a pattern of Ralph M Brown Act violations.

• 2005 Monterey County Grand Jury Report on Open Government citing Findings and Recommendations, including “Over-control of this process by mayors is not in the public interest,” which was answered with a fraudulent letter to the Monterey County Superior Court, signed by Mayor Sue McCloud.

• Rejecting the advice of the city attorney and accepting $40,000 from the Carmel Fire Belles prior to adhering to proper government procedure. CALIFORNIA GOVERNMENT CODE, Title 4, Division 3, Chapter 5 Article 1. 37354. The legislative body may accept or reject any gift, bequest, or devise made to or for the city, or to or for any of its officers in their official capacity or in trust for any public purpose. And CITY POLICY NO. C89-41 ACCEPTANCE OF DONATIONS AND GIFTS TO THE CITY 3. All donations and gifts with a value in excess of $1,000 must be approved and accepted by a Resolution of the City Council.

Why do a majority of Carmel-by-the-Sea voters re-elect Sue McCloud as mayor of Carmel-by-the-Sea? There are two possible explanations: apathy and ignorance OR informed acquiescence, even overt support.