These "common ethical values that are applicable and
knowable to all, regardless of gender, race, age, wealth, class, politics, or
religion . . . are trustworthiness, respect, responsibility, fairness, caring,
and citizenship" (Josephson Institute).
As professional local government managers, we know that
competence is a trademark value.
Professional competence was one of the primary reasons cited during the
Progressive Era for developing the concept of the professional local government
manager. Competence continues to be one of the hallmarks of the profession, as
shown by the professional organizations devoted to the effort, such as ICMA;
the expansion of public administration graduate-school programs; and the advent
of credentialed managers.
Competence involves equity, transparency, honesty, and
accountability. The four traits are "the standards for excellence in
democratic local governance" (ICMA "Ethics" Web page). These
four traits, as embodied in the professional local government management
system, are rooted in fundamental principles of governance.
Management by performance embodies ethical management.
Performance management demonstrates competence and meets the underlying ethical
values of professional local government management, including trustworthiness,
respect, responsibility, fairness, caring, and citizenship.
Juxtaposed against this ”Performance Management Is Ethical
Management” verbiage is the culture of Santa Barbara County government as
reported in the news article entitled “Executive Privileges Should Mike
Brown Continue to Be the Most Powerful Bureaucrat in Santa Barbara County?" Santa Barbara Independent, 2009. The
article states, in part, as follows:
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.”
Note: In September
2010, former Santa Barbara County executive Heidi Garcia, at one time the
second-in-command in the Alcohol, Drug and Mental Health Services department,
was awarded $431,000 in damages by a Santa
Barbara jury for wrongful termination and “unlawful
retaliation” against her by county officials, including named defendants Michael
F. Brown, CEO, and Susan Paul, Assistant CEO, Human Resources Director. Paul resigned effective October 1, 2010,
Brown retired at the end of October 2010 and Jason Stilwell became City
Administrator, City of Carmel-by-the-Sea in 2011
after his tenure in Santa Barbara
County
And more recently, in June/July 2013, the
following concerns expressed by Editor/Publisher/Owner Paul Miller, The Carmel
Pine Cone, to Jason Stilwell, City Administrator, (copy to Mayor Jason
Burnett), regarding the City’s handling of the McInchak matter, Miller
opined, as follows:
“In my opinion, you are hiding important, material
information from the public about what is going on at their own city hall and
with their tax dollars, and you are hiring expensive lawyers (with other
people’s money) to enable you to do it.
It is all very, very wrong.”
And, Paul Miller opined to Jason Stilwell (copied to Jason
Burnett and Mike Calhoun), as follows:
Your answers make no sense. I'm sorry, but I get upset when
a government official uses bureaucratic nonsense to stonewall the public and keep vital information secret.
Laws protecting government employees from public disclosure
of ''personnel matters" are obviously not intended to mean and must not mean that their
alleged crimes are to be kept secret. How could
that be? “Employee A is suspected of murdering Citizen
B at city hall, but we have to keep it secret because the suspect is an
employee·"?? That is utter nonsense. Please think.
“Please think.”
Indeed.
- Seven
of the eight years in which Jason Stilwell was a
- About
one year after Jason Stilwell became city administrator, City of
- Former Carmel-by-the-Sea Human Resources Manager Jane Miller (a victim of harassment, discrimination and retaliation) was replaced by Susan Paul (a perpetrator of wrongful termination and retaliation).
- Too often, City Administrator Jason Stilwell responds to queries from the media and public with self-described “cryptic” responses which are incomplete, misleading and “nonsense.”
- Since Jason Stilwell has become city administrator, instead of answering questions from the media and the public, queries are ignored or the City labels queries public record act requests and expends thousands of taxpayer dollars a month hiring attorneys to either rationalize the nondisclosure of information, redact information, deny the existence of information or delay the transmission of public records.
There is a disconnect between the City’s “core standards” of
“quality service, accountability, efficiency, and a customer orientation” as
articulated by Jason Stilwell, City Administrator, and reality. Note: The County of Santa Barbara had similar
standards or “values,” namely “Accountability, Customer-Focus and Efficiency.”
SOURCES:
Should Mike Brown Continue to Be the Most Powerful
Bureaucrat in Santa Barbara County
Thursday, February 5, 2009
by CHRIS MEAGHER
September 09, 2010 11:34 pm • By
Samantha Yale Scroggin/Staff Writer
Susan Paul Will Step Down as County’s Human
Resources Head
Wednesday, September 15, 2010
by CHRIS MEAGHER
by Michael F. Brown and Jason Stilwell
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