COMMENTARY City Council Sets Policy, City Administrator Implements Policies to Achieve the Council’s Goals

"It sounds like she's mostly concerned with some decisions the City Council has made and I told her that needs to be taken up with the city council and frankly, it would be unethical for me to blame our staff for decisions that we made," Burnett said.
Source: KSBW, Carmel residents call for city administrator to be fired
UPDATED 5:33 PM PDT Jul 21, 2014

With the aforementioned statement, Mayor Jason Burnett appears to not comprehend a basis fact of city government, and that is, the city council sets policy and the city administrator implements policy. Moreover, the issue is the record of poor judgment and poor decision-making by City Administrator Jason Stilwell in implementing policy.

PETITION TO TERMINATE THE CURRENT CITY ADMINISTRATOR

1. The creation of policies reflecting a lack of transparency regarding disclosure of public information as demonstrated by:

a. The refusal to produce documents in a timely fashion and in the format prescribed by law. (Resulting in the community being identified as having the "most recalcitrant government officials in the State").
b. The hiring of lawyers outside the community, at great taxpayer expense, to handle requests for public information that have been handled by City staff for decades.

COMMENT: City Administrator Jason Stilwell made the decision to hire attorneys to handle public record act requests, not the City Council.

2. The terminations or resignations of the newly hired City Clerk and about a dozen City employees with hundreds of years of institutional and historical knowledge, most of whom have been replaced by out-of-town individuals who have no vested interest in the community, at suspiciously high salaries and benefits, two of whom commute weekly from their homes in Redondo Beach and Ventura.

COMMENT:  City Administrator Jason Stilwell made the decision to terminate city employees and hire Administrative Services Director Susan Paul and Public Services Director Sharon Friedrichsen, with “no vested interest in the community,” and in one case prior to Carmel employment, the employee as human resources manager failed to investigate a complaint costing the County of Santa Barbara $431,000 in damages in a jury verdict for the former Santa Barbara County executive/petitioner.

3.  The deaccessioning of City art valued at more than a quarter million dollars and sold for $9,548.

COMMENT: Over a year prior to the City Administrator Jason Stilwell's decision to auction the council’s deaccessioned artworks through Michaan’s Auctions, Janet Bombard, Library Director, stated that it was determined that the cost of having Michann’s Auctions sell the deaccessioned items was economically infeasible. Yet, unannounced to the public, the City Administrator commissioned Michaan’s Auctions to sell the artworks at the November 2013, December 2013 and January 2014 auctions.

4. Actions that have resulted in a number of lawsuits and unasserted pending causes of action, which expose the community to significant financial loss and litigation expense.

COMMENT: STEVEN MCINCHAK v. CITY OF CARMEL-BY-THE-SEA, JASON STILWELL, CITY ADMINISTRATOR OF THE CITY OF CARMEL-BY-THE-SEA, SUSAN PAUL, ADMINISTRATIVE SERVICES DIRECTOR OF THE CITY OF CARMEL-BY-THE-SEA; and DOES 1 through 50, inclusive (Case Nos. M128062, 5:14-CV-03082), June 4, 2014, claims Abuse of Discretion, Breach of Written Contract of Employment, Defamation, Intention Infliction of Emotional Distress and Negligent Infliction of Emotional Distress.

JOHN HANSON v. CITY OF CARMEL-BY-THE-SEA and DOES 1 through 100 (Case No. M128436), July 3, 2014, claims Discrimination in Employment, Wrongful Termination, Denial of Due Process Rights, Declaratory Relief, Age-Based Discrimination in Employment – Disparate Impact, Breach of Contract, Wrongful Termination in Violation of Public Policy (Whistleblowing).

5. The spending of approximately $274,000 on computer experts (including a forensic expert) to support claims of employee misconduct without any identified wrongdoing, despite assurances from the Mayor that such reports would be forthcoming no later than January 2014.

COMMENT: City Administrator Jason Stilwell made the decision to hire forensic examiner Mark Alcock to investigate IT Manager Steve McInchak in February 2013.  Even though the City claimed the McInchak investigation was a “top priority,” the investigation to date has not been completed while the City pays Alcock for services unrelated to the investigation.

6. Violation of Municipal Code 3.12.530 re splitting of contracts to avoid the necessity of complying with the requirement that contract., in excess of $25,000 dollars, receive City Council approval, e.g. the Mark Alcock contracts.

COMMENT: City Administrator Jason Stilwell ultimately is responsible for the decision to pay forensic examiner Mark Alcock in checks of less than $25,000, now totaling nearly $275,000.

7. Failure to set priorities for the repair and reopening of the historic Forest Theater and the disposition of Flanders.

COMMENT: Although there was a consensus to open the Forest Theatre ASAP by the end of the Public Workshop, even declare an emergency, utilize reserve funds and contract for the necessary repairs, City Administrator Jason Stilwell has shown no urgency in resolving this matter expeditiously. And, the City Administrator has shown no urgency on the Flanders Mansion lease, despite at least one experienced, qualified applicant.

8. The City budget has paid out funds to 4 out-of-town law firms when we have a City Attorney.  This does not adhere to the City's local hiring policy. The new fiscal year budget of $24,000,000 appears top-heavy as it includes an Executive Assistant for the Mayor and City Administrator (a first), and since April 2012, an increase of 10 FTE's and projected for the new Fish /Cal year of about $500,000 for IT upgrades.

COMMENT: City Administrator Jason Stilwell made the decision to hire Newport Beach/Santa Barbara-based law firm Stradling Yocca Carlson & Rauth to handle public records act requests, after scapegoating Liebert Cassidy Whitmore. Stradling Yocca Carlson & Rauth also handles the City’s litigation defense of STEVEN MCINCHAK v. CITY OF CARMEL-BY-THE-SEA, JASON STILWELL, CITY ADMINISTRATOR OF THE CITY OF CARMEL-BY-THE-SEA, SUSAN PAUL, ADMINISTRATIVE SERVICES DIRECTOR OF THE CITY OF CARMEL-BY-THE-SEA; and DOES 1 through 50, inclusive (Case Nos. M128062, 5:14-CV-03082), June 4, 2014.

9. The projected costs of $900,000 to build a new two stall restroom at the south end of Carmel Beach at Santa Lucia.

COMMENT: While City Administrator Jason Stilwell claims that much of the total cost in due to costs incurred by previous administrations, the City Administrator provided a dearth of leadership at council meetings during council deliberations on the Carmel Beach restroom.