Monday, May 07, 2007

Another Example of Mayor McCloud’s Flagrant Violation of the Municipal Code


Monterey Cypress Trees at Carmel Beach
Scenic Road
Carmel-by-the-Sea, CA.

Carmel by-the-Sea
Forest & Beach Commission


Peggy Miller- Chairperson
Nancy John
Kathleen Coss
Tad Pritchett
Bob Tierney
Mike Branson, City Staff Member

Prompted by notification to the City and City Attorney Don Freeman of a vacancy on the Forest & Beach Commission, Mayor Sue McCloud stated that there was "no vacancy,” but admitted that Forest & Beach Commission Chairperson Peggy Miller was “living in Carmel Valley.”

Since Peggy Miller is no longer a resident of Carmel-by-the-Sea, it is incumbent on her to resign her position forthwith and for the Mayor of Carmel-by-the-Sea is fulfill her duties and responsibilities with respect to the municipal code and advertise for a vacancy on the Forest & Beach Commission.

Note: Forest & Beach Commissioner Nancy John is a resident of Carmel Point. Per the municipal code, only one member can be a non-resident of Carmel-by-the-Sea. (Reference 2.32.020 B. and 2.32.040 A., at end of post)

Peggy Miller’s “Sale Pending” Carmel-by-the-Sea Residence:

25951 Ridgewood Rd.
Carmel, CA.

$4,295,000 Sale Pending

Ben Heinrich (831) 626-2434
ben@benheinrich.com
http://www.benheinrich.com
Carole Heinrich (831) 626-2452
THE HEINRICH TEAM
Broker Sales Associate
Certified Residential Specialist
Coldwell Banker
3775 Via Nona Marie
Po Box 22070
Carmel, CA 93923

For more information, click on post title above or copy, paste and click
http://www.californiamoves.com/property/propertydetails.aspx?propertyguid=7988348b-3aac-4c39-a9be-1bb477a1b893&PropSearch=0&qstext=ridgewood&sort1=listprice&sortord=D&rpp=10&page=1

COMMENTS:

Either Mayor Sue McCloud is ignorant of the Municipal Code or she believes that she does not have to uphold her oath of office and abide by the Municipal Code. Either way, another reason why Mayor McCloud is unfit for the mayorship.

Furthermore, Mayor McCloud exhibits the behavioral habit pattern of interjecting non-germane items into her explanations as a form of distraction. For example, she stated Peggy Miller’s house is “in escrow but we don't know if the sale will go through;” per the Municipal Code, the issue is not whether a city commissioner has a property in escrow, rather the issue is whether the city commissioner is a RESIDENT of Carmel-by-the-Sea. And apparently, Forest & Beach Commissioner Peggy Miller has been living in Carmel Valley.

In short, Mayor Sue McCloud’s use of distraction is a form of deception and deceit and a reason why she is unfit for the mayorship or any other elected office.


References:
Carmel by-the-Sea
Appointment Procedure and Policy
Appointments to Commissions and Boards


Appointments to all City Boards, and Commissions are established by the City's Municipal Code as Mayoral appointments with confirmation by the City Council.

Posting and Notification of Vacancies

State law presently requires that an annual posting prior to December 31 of all appointive terms on Boards and Commissions which are scheduled to expire within the next year. The posting is available to anyone at any time. Present law requires unscheduled vacancies (resignations, etc.) to be advertised within twenty days after the occurrence of the vacancy and prohibits appointment to the vacancy within ten days of the public notice.

1. The following additional practices to facilitate appointments are adopted:

2. The City Clerk shall maintain a file containing all applications for appointive positions. All applications for Boards and Commissions must be made on a form provided by the City Clerk.

• Immediately following each municipal election, the City Clerk shall provide to the newly elected Mayor and Council Members a book of all current applications for appointment to Boards and Commissions. Additions and deletions will be submitted to the Mayor and Council on an ongoing basis.

• Throughout the year, copies of each new application or withdrawal of application received will be given to the Mayor, Council Member, the City Administrator, and the appropriate Commission Chairperson and Department Head.

3. Applications will be maintained in an active file for no longer than three years. The City Clerk shall send a letter to each person whose application becomes outdated to ascertain if the applicant wishes to file a new form for placement in the active files.

4. The City Clerk shall acknowledge all applicants.

5. Thirty days before a scheduled vacancy occurs, and upon receipt of an unscheduled vacancy, the City Clerk shall notify the Mayor, Council members, the Board/Commission Chairperson and appropriate Department Head of the upcoming vacancy.

6. A member of a Board or Commission whose term is scheduled to expire must file a new application if she/he wishes to be considered for reappointment. The application will be mailed to the incumbent three weeks or more prior to the expiration date of her/his term.

7. All resignations from Boards and Commissions shall be in writing and filed with the City Clerk. A Notice of Unscheduled Vacancy will not be posted until a written letter of resignation is received by the City Clerk.

Appointment Procedure

1. City Council Members may provide the Mayor a written list of up to two choices (with supporting statements) to fill the vacancy. Chairpersons of Boards and Commissions may also provide the Mayor with their recommendations.

2. The Mayor shall forward to the City Council a list of her nominees one week prior to the meeting.

3. Appointments shall be confirmed by a majority vote of those present at the Council meeting at which the appointments have been scheduled.

Oath of Office

1. The Oath of Office will be administered by the City Clerk at the next meeting of the applicable Board/Commission.

2. The City Clerk shall present a Certificate of Appointment to each new appointee.

Chapter 2.32
FOREST AND BEACH COMMISSION


2.32.020 Membership and Criteria for Appointment.

A. The Forest and Beach Commission shall consist of five members, each of whom shall be appointed to serve a four-year term.

B. A two-thirds majority of the members of the Forest and Beach Commission shall be residents of the City, and the remainder may be residents of the City’s sphere of influence.

C. Membership shall be representative of persons who have an interest in, or familiarity with, the City’s parks and open space. (Ord. 2000-05 § 2, 2000; Ord. 95-5 § 2, 1995; Ord. 91-19 § 2, 1991; Ord. 88-12 § 1 (Exh. A), 1988; Ord. 77-27 § 1(a), 1977; Ord. 213 C.S. § 1, 1970; Code 1975 § 270).

2.32.030 Appointment Process.

A. Members of the Forest and Beach Commission shall be nominated by the Mayor, whose nomination shall be ratified by at least three of the five members of the City Council.

B. Terms of members shall be staggered so that at least two terms, but no more than three terms, shall expire in any one year. Appointments shall be, where possible, made prior to the beginning of the term of office, in order that the new member(s) shall be able to become familiar with the functions of the commission. Terms of office for new members shall begin at the commencement of the first regular meeting in the month of October of the appropriate year. Terms of outgoing members shall end simultaneously. The newly appointed member(s) shall be sworn in by the City Clerk.

C. In the event an appointment cannot be made in a timely manner, the City Council, with the consent of the incumbent, may extend the incumbent’s term for up to 90 days. (Ord. 93-8 § 1, 1993; Ord. 91-19 § 2, 1991; Ord. 89-3 § 2, 1989; Ord. 88-12 § 1 (Exh. A), 1988; Ord. 77-27 § 1(b), 1977; Ord. 142 C.S. § 2, 1967; Code 1975 § 281.1).

2.32.040 Termination of Members.

Members of the Forest and Beach Commission shall be terminated only under the following circumstances:

A. The member ceases to be a resident of the City, thereby causing less than a two-thirds majority of the commission to be residents of the City.

B. The member is ill or absent from the City and unable to attend three consecutive regular commission meetings, but fails to so notify either the Chairperson, Vice Chairperson, or the Director of Forest, Parks and Beach.

C. The member, when neither ill nor absent from the City, fails to attend three consecutive regular commission meetings.

D. The member is terminated by a majority vote of the City Council. (Ord. 95-5 § 2, 1995; Ord. 93-8 § 1, 1993; Ord. 91-19 § 2, 1991; Ord. 89-3 § 2, 1989; Ord. 88-12 § 1 (Exh. A), 1988; Ord. 77-27 § 1(b), 1977; Ord. 142 C.S. § 2, 1967; Code 1975 § 281.1).

5 comments:

Anonymous said...

Mayor Sue McCloud has ridden roughshod over Carmel's Municipal Code and General Plan, evidentally, whenever she has felt like it. This situation is just one of many such instances.Unfortunately, few people in Carmel seem to notice or care. Some of her violations have been obvious to anyone who cares to look but she is rarely, if ever, called on her illegal actions. Are residents and business people apathetic when they are the ones getting hurt? Are people scared of the mayor (some merchants claim they only support her because she has made it clear that if they do not do so she will have city staff make the business owners sorry)? Is there some other reason? It's hard to understand how she gets away with it.

Anonymous said...

It has been usual for the chairmanship of the Forest and Beach Commission to rotate annually. Peggy Miller, who has proven to be a poor chair and doesn't live in either the city of Carmel or in its area of influence, has held the post for two years in spite of the fact that she can't legally serve on the commission. While this is far from the best Forest and Beach Commission that Carmel has seen,there are two other members, who would be much more effective as chair. Why aren't they being given a chance to try to bring the commission back to a higher level. In fact why have poorly informed people been appointed to the commission when there are well informed residents, who are better able to do a good job as commissioners?

Anonymous said...

And here we go again. I have got news for you. She was this way in grammar school. And her mother, Gladys, was such a sweet woman.

Anonymous said...

It appears again that pathological narcissism is present here. When pathological narcissism occurs at the “leadership” level, it can be detected, for example, by the person preferring control over progress, endless delays for projects or delays in hiring of necessary new employees or in this particular case her delay in replacing her chosen Chairperson.

Pathological narcissism is different from real leadership by the person’s abuse and exploitation of people; the pathological narcissist values dominance, exploitation and control. If the narcissist is confronted, she resists in a methodical and calculated manner by either distracting, derailing or stopping any and all projects that others may be seeking to implement. Typical methods used by the narcissist are character assassination, misinformation, et cetera.

It is important to mention that in public the narcissistic shows a false front of patience, congeniality and reasonableness. Underneath though the narcissistic thinks she can continue to deceive people and thwart their goals by maintaining dominance and control over the rules and events. In this case, she maintains dominance and control by ignoring the rules or defining the rules as irrelevant. Thus, the narcissistic is addicted to power and control.

For others, it is essential to develop skills in dealing with the narcissistic. The number one skill is not to react emotionally. Instead, others should approach the narcissist with curiosity, like a clinical specimen. Cognitive responses like “that’s very interesting, can you explain your thinking,” “it appears that there is a contradiction in your logic,” “please clarify and elaborate on that?” These responses lessen the control of the narcissistic. And these responses communicate to the narcissist that she is not so powerful as to manipulate others, distract others from the issue and most importantly, the narcissist cannot win through intimidation and disinformation.

This particular case shows the grandiose force in action in narcissism; “only what I want matters.” “Only what I want matters” wrecks havoc on others and governmental processes. And the only viable solution is to recognize the narcissist for who she is and get rid of her as soon as possible. Clinical studies show they do not change and continue lives of bullying, intimidation and control over others throughout their lifetimes.

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