SUPERIOR OF
THE STATE OF CALIFORNIA
ANACAPA DIVISION
HEIDI ANNA GARCIA, Plaintiff
vs. COUNTY
OF SANTA BARBARA
Case No. 1302216
FIRST AMENDED COMPLAINT FOR:
(1 ) DISCRIMINATORY TERMINATION:
(2) RETALIATORY TERMINATION:
(3) FAILURE TO PREVENT DISCRIMINATION, HARASSMENT, AND
RETALIATION;
(4) FAILURE TO INVESTIGATE COMPLAINTS OR REMEDIATE DISCRIMINATION,
HARASSMENT, AND RETALIATION; AND
(5) RETALIATION AND TERMINATION IN VIOLATION OF SECTION
1102.5 OF THE LABOR CODE
Filed: August 14, 2008
Assigned to Hon. T.P. Anderle ~
Department 3
# 1302216, Heidi Anna Garcia v. County of Santa Barbara
Plaintiff’s Attorneys: Matthew M. Clarke & Dugan P.
Kelley
Verdict:
$431,000.00
Dept. 3
Plaintiff worked as Assistant Director of Mental Health
Programs in Defendant’s Alcohol, Drug and Mental Health Services department for
5 years and alleged the location became a discriminating, hostile, abusive and
harassing workplace within 3 years after starting. She made oral and written
complaints that she claimed were not investigated by Defendant, and alleged
that retaliatory behavior toward her escalated, eventually leading to her
demotion and termination, when she pointed out to her supervisor that his board
position at a local nonprofit which contracted with Defendant County
GOODRICH, EGAR & GARCIA – COUNTY OF SANTA BARBARA
In 2004, former personnel director Ann Goodrich was paid
$925,000 in a settlement after she filed a complaint with the state employment
office claiming she’d been “harassed, subjected to a hostile work environment,
and was discriminated against.” She alleged that her August 2003 firing after
16 years on the job was “in retaliation for opposing and reporting
discriminatory and harassing workplace conduct by Brown, and for cooperating in
the investigation thereof.” The settlement, which was reached before a lawsuit
was filed, also stipulated that Goodrich resigned and wasn’t fired-Brown
asserts he’s never fired anyone-and also bars anyone from speaking about
the matter.
Then, in 2006, former public defender Egar filed suit against
the county, alleging that Brown screamed in his face, spit at him, and
threatened to “slaughter” him in front of the supervisors. Egar, who didn’t
return calls for this story, dropped the suit in June 2008 without any
explanation. Details remain scarce, but the county did spend $440,192-including
$278,539 on outside legal representation-fighting the lawsuit.
And this year, the county is facing yet another lawsuit
involving Brown. This one comes from Heidi Garcia, a former assistant director
of ADMHS, who alleges that, after complaining about a hostile work
environment, she was “increasingly retaliated against” by Brown, Sue Paul,
and ADMHS executives. According to the suit, “Brown has admitted to
others that Garcia had to be terminated because she filed complaints,
consistent with his history, pattern, and practice of punishing complaining
executives and managers who oppose biased, intolerant, harassing,
discriminatory, and retaliatory workplaces in the county.” Brown said he had
very little interaction with Garcia and wasn’t her direct supervisor.
When asked in a recent interview if, considering this and
the $1.4 million he has already cost the county, Brown thinks he might be a liability,
he quickly and bluntly answered, “No.”
Source: Executive Privileges
Should Mike Brown Continue to Be the Most Powerful
Bureaucrat in Santa Barbara County
Thursday, February 5, 2009
by CHRIS MEAGHER
COMMENTS
- At the
- In hiring Susan Paul, City Administrator Jason Stilwell stated “We hired a recruiter. We had six finalists, and it came down to the one who knew California labor law, knows CalPERS, and is someone with 20 years’ experience in California cities and counties — and who has wanted to be here since she first visited in 1985.”
By MARY SCHLEY, The Carmel Pine Cone, October 26, 2012
- In the context of the circumstances surrounding the City’s decision to settle former Human Resources Manager Jane Miller’s lawsuit involving claims of sexual harassment, employment discrimination and retaliation for $600,000 plus over $200,000 in attorney fees and the City’s decision over years to expend over $500,000 in taxpayer monies to settle claims of “hostile workplace environment” by at least four other city employees, City Administrator Jason Stilwell’s decision to hire Susan Paul, with her unethical and illegal record of conduct, not only shows poor professional judgment, but violates the City’s Code of Ethics and public trust.
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).
ADDENDUM:
Susan Paul, Administrative Services Director
Oversees Human Resources, Finance, Information Technology,
Risk Management and Labor Relations.
Assistant Chief Executive Officer/Human Resources Director
(2008 – 2010)
Director, Human Resources, County of Santa Barbara
Chief of Employee Relations, Orange County
Jason Stilwell, City Administrator, City of Carmel-by-the-Sea
Assistant County Executive Officer (CEO)/Director of Budget, County of Santa Barbara
Interim Director, Parks Department
Project Manager, County Executive
(County employee 2003 – 2011)
REFERENCES:
Awarded $431,000 in Damages
Thursday, September 9, 2010
by CHRIS MEAGHER
September
09, 2010 11:34 pm • By Samantha Yale Scroggin/Staff
Writer sscroggin@santamariatimes.com
Susan Paul Will Step Down as County’s Human
Resources Head
Wednesday, September 15, 2010
by CHRIS MEAGHER
Should Mike Brown Continue to Be the Most Powerful
Bureaucrat in Santa Barbara County
Thursday, February 5, 2009
by CHRIS MEAGHER
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