ABSTRACT: “The Wiz,” an astute city government observer, wrote on the Monterey County Weekly’s website that “Sue runs the Carmel freak show,” characterized by “disturbing and predatory” conduct by City Administrator Rich Guillen and Mayor Sue McCloud disallowing the termination of “this abuser of a woman’s right to a harassment-free workplace.” The “Carmel freak show” is juxtaposed against the duties, responsibilities and obligations of the Mayor and City Council and the City Administrator in the form of excerpts from the Carmel-by-the-Sea Municipal Code and EMPLOYMENT AGREEMENT between the CITY OF CARMEL-BY-THE-SEA ("CITY") and RICHARD I. GUILLEN ("EMPLOYEE").
Carmel-by-the-Sea Municipal Code
Article I. Code of Ethics
2.52.010 Code of Ethics.
As public employees we are entrusted with the confidence of those we serve to fulfill the responsibilities of our roles. Our actions are deemed representative of those we serve and our function, therefore, carries with it a greater responsibility than that of the private enterprise employee. Our system of government is viewed by the public through our acts as we fulfill the demands of our positions. We must demonstrate competency, integrity, honesty, courtesy and fairness in all relationships, private and public, to best represent the type of government desired by all. We have a patriotic duty to fulfill our roles in the highest standard possible for the purpose of assuring exemplary government for all people. A departure from this ideal creates an injustice for all. (Ord. 87-1 § 2, 1987).
EMPLOYMENT AGREEMENT
THIS AGREEMENT is between the CITY OF CARMEL-BY-THE-SEA ("CITY") and RICHARD I. GUILLEN ("EMPLOYEE")
A. DUTIES
1. CITY agrees to employ RICHARD I. GUILLEN as City Administrator of the City of Carmel-by-the-Sea to perform the functions and duties specified in the ordinances and resolutions of the CITY, and to perform other legally permissible and proper duties and functions as the City Council may from time to time assign.
2. EMPLOYEE shall perform his duties to the best of his ability in accordance with the highest professional and ethical standards of the profession and shall comply with all rules and regulations established by the CITY.
3. EMPLOYEE shall not engage in any activity, which is or may become a conflict of interest prohibited contract, or which may create an incompatibility of office as defined under California law. Prior to performing any services under this Agreement and annually thereafter, the EMPLOYEE shall complete and file all disclosure forms required by law
D. RESIGNATION AND TERMINATION
1. EMPLOYEE may resign at any time upon providing CITY with at least sixty (60) days advance written notice of the effective date of his resignation.
2. The City Council may at any time terminate EMPLOYEE upon sixty (60) days advance written notice.
3. The parties recognize and affirm that:
a. EMPLOYEE is an "at will" employee whose employment may be terminated by the City Council without cause; and
b. There is no express or implied promise made to EMPLOYEE for any form of continued employment. This Agreement is the sole and exclusive basis for an employment relationship between EMPLOYEE and the CITY.
4. For the ninety (90) day period immediately following a general or special election at which a City Council member is elected to office the City Council agrees not to terminate the services of EMPLOYEE without cause.
5. Any deliberations and decisions by the CITY regarding the termination of EMPLOYEE'S services shall be made in closed session in accordance with the Ralph M. Brown Act. Except where the EMPLOYEE is charged with or alleged to have committed criminal misconduct or acts involving moral turpitude, and if the CITY has determined to terminate EMPLOYEE'S services, the CITY shall provide EMPLOYEE the opportunity to resign in lieu of being terminated, and the parties shall cooperate regarding public announcements regarding EMPLOYEE'S separation from the CITY
Carmel-by-the-Sea Municipal Code
Chapter 2.08
CITY ADMINISTRATOR*
2.08.080 Removal of the City Administrator.
The City Administrator serves at the pleasure of the City Council and may be removed by a four-fifths vote of the full City Council. In removing the City Administrator, the Council has absolute discretion and its action is final and conclusive and does not depend upon any findings. (Initiative Measure, November 8, 1983; Ord. 77-22 § 1, 1977; Code 1975 § 233).
3 comments:
Sycophant Class Serfs, Not Citizens
syc•o•phant (s k -f nt, s k -)
n
A servile self-seeker who attempts to win favor by flattering influential people.
serf (sûrf)
n.
1. A member of the lowest feudal class, attached to the land owned by a lord and required to perform labor in return for certain legal or customary rights.
2. An agricultural laborer under various similar systems, especially in 18th- and 19th-century Russia and eastern Europe.
3. A person in bondage or servitude.
In the City of Carmel-by-the-Sea, serfs apologize for articulating the facts and the truth, collude with the mayor to thwart progress on a permanent fire department solution, Forest Theatre renovation plans, et cetera., publicly “thank” the mayor and council for dubious bureaucratic accomplishments, urge wronged plaintiffs not to file lawsuits against the City and publish the mayor’s and council’s propaganda as “news” and attack messenger critics, as opposed to analyzing the merits of critics’ arguments.
Citizens, not serfs, challenge authority figures when they lie, deceive, distort and mislead the public. Citizens hold public officials accountable when they commit illegal and unethical acts and settle sexual harassment, employment discrimination and retaliation lawsuits for hundreds of thousands of dollars. Lastly, citizens need to dominate and act to restore integrity to our city government now.
I would like to know what the present commissioners and board members think about this scandal. Will they collectively and individually circle the wagons around the mayor and adminstrator or will they conclude they cannot in good conscience serve in the McCloud administration will all the revelations of dysfunctional and unethical governance and resign?
emails and pantyhose? This is what Carmel has come to. The freak show will continue as long as Sue's supporters ignore reality. Now that more evidence is surfacing, her supporters can no longer pretend it's all nothing, echo the city's silly and frivolous mantra and ignore the damage to the city's reputation and their own reputations. It is time to put an end to the freak show. Sue and her supporters on the council should retire, but not before they relieve Rich of this job.
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