City Government Contrivance of Stalling & Stonewalling

ABSTRACT: The City of Carmel-by-the-Sea, under the mayorship of Sue McCloud, has perfected the contrivance of stalling and stonewalling. Four recent examples of stalling and stonewalling are presented, namely a delayed payment for services to the Carmel Valley Fire District, a delinquent payment owed to the Monterey County Elections Department, delayed implementation of a long-term solution for Fire Protection Services and the City’s failure to investigate a city employee’s complaints of employment discrimination, sexual harassment and retaliation in the workplace at City Hall immediately upon receipt of attorney Michael Stamp’s letter chronicling the complaints in May 2008.

EXAMPLES OF STALLING & STONEWALLING:
• Delayed Payment for Services to the Carmel Valley Fire District

The City delayed by “several months” the payment of $43,000 to the Carmel Valley Fire District; a “retroactive bill” to cover services the District was providing the City. The District was in effect subsidizing the City of Carmel-by-the-Sea for billing, human resources and vehicle maintenance work for ambulance services, according to District consultants. And according to Fire Chief Mike Urquides, the City of Carmel-by-the-Sea “kept stalling on their payment. One meeting they gave it to us, one meeting they took it back, one meeting they said we had to wait.”

(Source: Poor Little Rich City Carmel balks on bills from ambulance district, elections department, Kera Abraham, MONTEREY COUNTY WEEKLY, July 16, 2009)

• Delinquent on Payment to Monterey County Elections Department

The City is delinquent on the payment of approximately $17,000 owed the Monterey County Elections Department for the 2008 City Special Election. While the City is responsible for the ballot, the County is responsible for counting and supervision. And, according to Registrar of Voters Linda Tulett, “The county has an obligation to recoup those costs and not have to pay for city elections.” Meanwhile, City Administrator Rich Guillen stated, "We do intend to pay it," "We just want to make sure we understand what we're paying for."

(Source: Poor Little Rich City Carmel balks on bills from ambulance district, elections department, Kera Abraham, MONTEREY COUNTY WEEKLY, July 16, 2009)

• Stalled on a Long-Term Solution for City Fire Protection Services

The City has stalled on a long-term solution for City Fire Protection Services. At the 7 July 2009 City Council Meeting, the City Council approved an interim Fire Services Contract with the City of Monterey, retroactive to July 1, 2009 through January 31, 2010, at a cost of $94,500.

The City has had over 18 months to study all Fire Protection Services options and resolve issues involving a long-term contract with the City of Monterey. Yet the City Administrator stated “we wanted to buy some additional time, and that was about six months,” “to resolve whatever remaining issues there are to have Carmel contract with Monterey for fire service.”

(Source: City renews contract with Monterey fire, MARY BROWNFIELD, The Carmel Pine Cone, July 17, 2009, page 5)

• City’s Failure to Immediately Investigate a City Employee’s Complaints of Employment Discrimination, Sexual Harassment and Retaliation in the Workplace

In May 2008, the Mayor and City Council received a letter from Human Resources Manager Jane Miller’s attorney Michael Stamp notifying the city of Miller’s complaints of employment discrimination, sexual harassment and retaliation in the workplace at City Hall. Instead of taking the employee’s claims seriously and placing City Administrator Rich Guillen on administrative leave in May 2008 pending the outcome of an independent investigation, the City not only failed to respond to the letter, but ignored the allegations. Not only that, but five months later, at the October 7, 2008 City Council Meeting, the City Council unanimously approved a Resolution Adopting an Employment Agreement with Richard I. Guillen, City Administrator, from January 1, 2008 – December 31, 2008 at $150,000/year, retroactive to April 30, 2008, increasing his salary/benefits an additional $14,500/year over his previous employment agreement.

More recently, Mayor Sue McCloud stonewalled Squid Fry on questions about Jane Miller’s allegations of employment discrimination, sexual harassment and retaliation in the workplace at City Hall with her statement, “You’re making a lot out of nothing, and I’m not gonna say anything more to you on this,” and then hung up. If a city employee’s claims of employment discrimination, sexual harassment and retaliation in the workplace are seen by the mayor as “nothing,” then how is it she knows the claims are “nothing” without an independent investigation of Miller’s allegations? Moreover, a mayor who decides allegations are “nothing” prior to an investigation is a mayor who is condoning potentially unethical and illegal behavior or is complicit or actively engaged in the potentially unethical and illegal behavior and engaged in a cover-up herself.

(Source: CARMEL PORN, Squid Fry, MONTEREY COUNTY WEEKLY, July 16, 2009)