COMMENTARY City Administrator Jason Stilwell: Failures of Management Oversight of Administrative Services Director Susan Paul & Attorney Heather R. Coffman, Liebert Cassidy Whitmore

“In the past three years the city council has worked to address head-on the allegations that the city was not adequately establishing and enforcing ethical standards or providing proper oversight. City Administrator Jason Stilwell was brought in to rebuild the organization, and ensure accountability, strong, ethical leadership and oversight of the organization. He is doing just that.”

“The city now has five professional department directors, with clear accountability in the form of quantifiable performance measures, and is enforcing high ethical standards.”

Source: A message from the mayor — Staff changes happening for good reasons
By JASON BURNETT Mayor, Carmel-by-the-Sea, The Carmel Pine Cone, November 8, 2013, 29A.

According to Mayor Jason Burnett, City Administrator Jason Stilwell “was brought in to rebuild the organization, and ensure accountability, strong, ethical leadership and oversight of the organization. He is doing just that.” Moreover, in the case of the Livingston/Stilwell/Burnett emails, Mayor Burnett stated: “Thank you to our staff for straightening out the situation, following city council policy, and releasing what our outside law firm should have released a month ago,” Burnett told The Carmel Pine Cone Thursday. “It is pretty clear why this law firm will no longer work on our public record requests.” So, Mayor Burnett’s view is that attorney Heather Coffman, Liebert Cassidy Whitmore, “failed to uphold the council’s promise to interpret the California Public Records Act broadly, in favor of the public’s right to observe the city’s business” and the staff straightened “out the situation.”

Contrary to the aforementioned interpretation though, City Administrator Jason Stilwell was responsible for the submission of public records act requests to attorney Heather Coffman, Liebert Cassidy Whitmore. Furthermore, City Administrator Stilwell decided to not consult with City Attorney Don Freeman. And, beyond the Livingston/Stilwell/Burnett case, attorney Heather Coffman’s “City Responses” were copied to either Administrator Services Director Susan Paul or City Administrator Jason Stilwell.  So, the fact that “much was hidden — including all sorts of things that shouldn’t have been,” and other public records act requests were similarly redacted, delayed or denied over many months to public records act requestors was known to Administrative Services Director Susan Paul and City Administrator Jason Stilwell.

In terms of accountability then, Mayor Jason Burnett fails to recognize that City Administrator Jason Stilwell is ultimately responsible and hold City Administrator Jason Stilwell accountable for not upholding the city policy of construing the California Public Records Act broadly, in favor of public disclosure.

In closing, Mayor Jason Burnett’s late grandfather, David Packard, “set high standards for himself and those around him. His sense of integrity, respect, and compassion for individuals and their capabilities formed the basis of his business philosophy.” Inspired by those values in business and government, it is beyond disappointing that Mayor Jason Burnett has chosen not to be completely honest with the public and hold City Administrator Jason Stilwell accountable for this public records act scandal.