COMMENTARY Without Former Human Resources Manager Jane Miller’s Civil Lawsuit Against the City of Carmel-by-the-Sea, Without Information Systems Network Manager Steven McInchak’s & Former Building Official John Hanson’s Civil Lawsuits Against the City of Carmel-by-the-Sea, the General Public Would Never Have Known...

Without Former Human Resources Manager Jane Miller’s civil lawsuit against the City of Carmel-by-the-Sea in 2009, without the City of Carmel-by-the-Sea filing its MOTION BY DEFENDANT CITY OF CARMEL-BY-THE-SEA TO DISQUALIFY PLAINTIFF'S COUNSEL, and without DECLARATION OF MICHAEL W. STAMP IN SUPPORT OF OPPOSITION TO MOTION BY DEFENDANT CITY OF CARMEL-BY-THE-SEA TO DISQUALIFY PLAINTIFF'S COUNSEL, the general public would never have known about the existence of the “hostile work environment” claims by four Senior Management Employees, namely Greg D'Ambrosio ("Employee Number 1") in 2003, Brian Donoghue ("Employee Number 2") in 2003, Margaret Pelikan ("Employee Number 3") in 2006 and Sandy Farrell ("Employee Number 4") in 2008 and “the City agreeing to pay negotiated payments of more than $500,000 to the four employees” from 2003 to 2008.

Without Information Systems Network Manager Steven McInchak’s and Former Building Official John Hanson’s civil lawsuits against the City of Carmel-by-the-Sea, the general public would not have known that the City, in the case of Steven McInchak in 2005 and in the case of John Hanson in 2007, then-City Administrator Rich Guillen presented McInchak and Hanson with “Employment Agreements” which the City purported and purports changed their employment statuses from permanent employees to at-will employees subject to termination by the City Administrator without cause or right of appeal.

From Steven Mclnchak’s VERIFIED PETITION FOR WRIT OF MANDAMUS (CODE OF CIVIL PROCEDURE SECTION 1085) AND COMPLAINT FOR DECLARATORY JUDGMENT, BREACH OF CONTRACT, DEFAMATION AND INTENTIONAL AND NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, 2014, as follows:
“Petitioner/Plaintiff is a permanent, long-term employee of the City of Carmel. As such, Petitioner/Plaintiff accrued a property interest in his employment as a public employee under the Constitution of the State of California, including the right to retain his employment in the absence of just cause for termination. Nevertheless, on or about July 1, 2005 then City Administrator of the City of Carmel presented to Petitioner/Plaintiff a document titled "Employment Agreement City of Carmel-by-the-Sea Information Systems Network Manager". That Employment Agreement purports to change Petitioner/Plaintiffs employment status from a permanent to "at-will employee" subject to termination by the City Administrator without cause or right of appeal. Petitioner/Plaintiff was informed that he was required to sign that Agreement as a condition of remaining employed by the City of Carmel. Petitioner/Plaintiff received no notice, hearing, or any consideration or other benefit in connection with the Employment Agreement. Petitioner/Plaintiff was compelled to sign, and did sign the Employment Agreement, with no notice or intent to waive his vested rights and under threat that if he did not sign the Employment Agreement his employment would be immediately terminated without cause. A true and correct copy of the Employment Agreement is attached as Exhibit B and incorporated herein.”

Employment Agreement City of Carmel-By-The-sea Information Systems Network Manager 2005

“EXHIBIT B”

EMPLOYMENT AGREEMENT

City of Carmel-by-the-Sea

INFORMATION SYSTEMS NETWORK MANAGER

2005

Source: VERIFIED PETITION FOR WRIT OF MANDAMUS (CODE OF CIVIL PROCEDURE SECTION 1085) AND COMPLAINT FOR DECLARATORY JUDGMENT, BREACH OF CONTRACT, DEFAMATION AND INTENTIONAL AND NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS, Steven Mclnchak, Petitioner/Plaintiff 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, Respondents/Defendants, Case No. M128062, SUPERIOR COURT OF CALIFORNIA, COUNTY OF MONTEREY, June 4, 2014

From JOHN HANSON’s COMPLAINT, 2014, as follows:
"In or about July 2007, the then-City Administrator, Richard Guillen, approached Hanson about a City demand that Hanson submit to a written "employment agreement of building official" drafted by the City that confirmed Hanson's status as an "employee." Hanson was not advised by Guillen that Hanson was being required to relinquish his protected employment rights, and that Hanson was being required to give up his due process rights, and that Hanson's legally protected status as an employee of the City was being effectively revoked by the City. The City told Hanson that he had no need to involve his union representative and/or labor bargaining unit, and the City required Hanson to forego the assistance of his union representative in regard to the proposed "employment agreement." Hanson did not knowingly and voluntarily relinquish or waive any rights or guarantees under the law. The "employment agreement" drafted by the City was internally inconsistent and one-sided. The "employment agreement" purported to require Hanson to relinquish employment rights, while at the same time the "employment agreement" stated that Hanson was an employee with limited rights specified in the written contract. The City did not advise Hanson that he would be giving up valuable rights. At the same time, the City purported to deprive Hanson of his rights to due process and compensation for his losses in the event that his employment or his contract were terminated by the City. The "employment agreement" contract was effective August 1, 2007, and Hanson became the Building Official."

Source: COMPLAINT, JOHN HANSON, Plaintiff, v. CITY OF CARMEL-BY-THE-SEA and DOES 1 through 100, Defendants, Case No. M128436, SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF MONTEREY, July 3, 2014.

Finally, the city government of the City of Carmel-by-the-Sea, since the city council of then-Mayor Sue McCloud and then-City Council Members Paula Hazdovac, Ken Talmage, Karen Sharp and Jason Burnett hired City Administrator Jason Stilwell in late 2011 and his subsequent hiring of Administrative Services Director Susan Paul in early 2013, is aptly characterized in John Hanson’s COMPLAINT, namely ”“The trigger was witnessing injustice served to good people by those who lie and subvert others for gain and profit.”