Highlights of DECLARATIONS of City Administrator Richard Guillen versus Attorney Michael Stamp, Miller, Jane Kingsley v. City of Carmel-by-the-Sea (M99513)

ABSTRACT: Selected excerpts and selected paraphrased excerpts from DECLARATIONS, under penalty of perjury, of City Administrator Richard Guillen and Attorney Michael Stamp, in the Miller, Jane Kingsley v. City of Carmel-by-the-Sea (M99523), are presented. Components of a Representative Agreement (Settlement) for Four Senior City Employees representing over $500,000 are presented.

Highlights of DECLARATION OF RICHARD GUILLEN:
• In 2003, the City decided to implement the golden handshake. Under PERS golden handshake, employee received two years’ service credit in return for retiring at a time determined by the City.

• Declared that Greg D’Ambrosio (“Employee Number 1”) “wanted to retire and receive the golden handshake.” (2003)

• Declared that Brian Donoghue (“Employee Number 2”) wanted to retire and receive the golden handshake. (2003)

• Declared that Margaret Pelikan (“Employee Number 3”) wanted to “retire with the golden handshake.” (2006)

• Declared that Sandy Farrell (“Employee Number 4”) “wanted to retire and wanted the golden handshake.” (2008)

• Declared, under penalty of perjury. that Greg D’Ambrosio, Brian Donoghue, Margaret Pelikan and Sandy Farrell never made any allegations of harassment or discrimination.

• Declared, under penalty of perjury, that he had not had any legal training. (Yet he completed two years of law school.)

NOTE: Former Assistant City Administrator Greg D’Ambrosio was a City employee for 32 years, former Director of Sunset Center Brian Donoghue was a City employee for 13 years, former Library Director Margaret Pelikan was a City employee for 29 years and former Executive Assistant Sandy Farrell was a City employee for 25 years. And all were of approximately the same age and all were in the protected class for age discrimination under State and Federal law.


Highlights of DECLARATION OF MICHAEL W. STAMP:
• Declared that he, Michael Stamp, never communicated to Mr. Guillen or anyone that his clients wanted “Golden Handshakes” or that he was retained as a PERS expert.

• Declared that all four Carmel-by-the-Sea employees raised significant claims that went beyond what the City has offered them, and that “Mr. Guillen was fully aware of those claims and issues. The claims included hostile work environment, Mr. Guillen’s favoritism toward select females, and age and gender discrimination.”

• Declared that he, Michael Stamp, was willing to litigate claims against the City if the City did not settle.

• Declared that he represented four senior City employees in 2003, 2006 and 2008. And all four senior City employees had claims similar to Jane Miller’s claims, namely issues of “early retirement” efforts by the City and discrimination. Agreements were approved by the City Attorney, Mayor and City Council. The City agreed to pay more than $500,000 in negotiated “early retirement” compensation.

• Declared that Mr. Guillen repeated assured him that the Mayor and City Council considered the matters to be “significant,” both “financially and organizationally.” And the claims were higher than Mr. Guillen wanted to pay, but were regarded necessary under the circumstances.


Representative Agreement (Settlement) for Four Senior City Employees Representing a Total in Excess of $500,000:
1. Two (2) years additional service credit to PERS (ORD 2003-7)
2. Six (6) months severance pay
3. All accrued sick leave as applied as an extension of PERS service credit.
4. Buy-out of fifty percent (50%) of accrued sick leave at current hourly rate.
5. One hundred percent (100%) Pay for Performance Measure Bonus for year.
6. Buy-Out of any remaining vacation.