Mayor, City Council & Petition Urging the City Council To Request And Accept City Administrator Jason Stilwell’s Resignation

Ethics in Public Service
CALIFORNIA CITY MANAGEMENT FOUNDATION

IT’S ABOUT OUR COMMUNITY & ABOUT THE NEEDS AND INTERESTS OF OUR CITIZENS!
OUR COMMUNITY DESERVES GOOD GOVERNMENT, LAWFUL AND TRANSPARENT
OUR CITY ADMINISTRATOR MUST ENSURE THE PUBLIC TRUST AND THE PUBLIC TRUST MUST NEVER BE BROKEN.
HONESTY, INTEGRITY, TRANSPARENCY AND THE ABILITY TO RELATE TO OUR COMMUNITY ALL COMBINE TO CREATE AN ETHICAL ENVIRONMENT!

ABSTRACT:  In the context of the Mayor and City Council’s duties and responsibilities and oath of office, excerpts from two civil lawsuits filed against the City of Carmel-by-the-Sea, namely 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) and JOHN HANSON v. CITY OF CARMEL-BY-THE-SEA and DOES 1 through 100 (Case No. M128436), specifically dealing with Mayor Jason Burnett and the City Council, are presented. Furthermore, it is anticipated that a petition with talking points will be ready for circulation soon stating that the undersigned residents, property owners and business operators in town, “after giving careful consideration to the policies and practices being created and implemented by the city administrator, urge that the city council request and accept Mr. Stilwell’s resignation” and action should be taken on Stilwell’s resignation “in the best interest of the city and its residents” at the September council meeting,” according to reporting in The Carmel Pine Cone.

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

This action is brought to enforce the mandatory requirements of the Ordinances and Personnel System of the City of Carmel-by-the-Sea, the Constitution and laws of the State of California, and the mandatory duties of the City Council, the City Administrator and the City Human Resources Director arising under those laws.

Petitioner/Plaintiff seeks a Writ of Mandate compelling the City of Carmel-by-the-Sea, through its City Council, City Administrator and Administrative Services Director, to reinstate Petitioner/Plaintiff to his position as Information Systems Network Manager forthwith. Petitioner/Plaintiff further seeks to recover damages for all economic and general damages and losses he has incurred as a result of the continuing failure and refusal of the City of Carmel-by-the-Sea, its City Council, City Administrator and Administrative Services Director, to perform their mandatory legal duties in violation of Petitioner/Plaintiffs Constitutional and legal rights.

JOHN HANSON v. CITY OF CARMEL-BY-THE-SEA and DOES 1 through 100 (Case No. M128436), July 3, 2014

The Mayor and the City Council are the governing board of the City, and they oversee the operations of City government.

Hanson is informed and believes and thereon alleges that, at all times mentioned herein, defendants DOES 1 through 100 were the agents, joint venturers, partners, servants and/or employees of all other defendants identified herein, acting within the purpose and scope of their agency, authority and/or employment with the permission, consent, and ratification of each other defendant. Each and every act, omission, and statement of the City, Stilwell, Paul, and DOES 1 through 100 described herein has been ratified, adopted, endorsed, or approved by the City of Carmel-by-the-Sea, and by the Mayor and City Council on behalf of the City of Carmel-by-the-Sea.  The Mayor and City Council, and their officers, agents, and attorneys, including DOE  defendants, had actual and/or constructive notice of the actions, omissions, and statements of Stilwell and/or Paul and/or others, including a continuous course of conduct and continuing violations directed at Hanson by Stilwell and/or Paul for several years leading up to August 2013, and did not take reasonable, prudent, or effective steps to prevent the harmful and unlawful conduct of Stilwell and/or Paul, or to prevent the injuries suffered by Hanson. The Mayor and City Council delegated to Stilwell and/or Paul the power to make any and all personnel-related decisions, and did so without retaining reasonable oversight and review by the Mayor and City Council. The elected officials did not investigate the actions of Stilwell and Paul, or fairly evaluate the claims filed by employees or made directly or indirectly to the elected officials, or take the legally required "all reasonable steps necessary" to prevent discrimination and harassment. Instead, the elected officials have vested power of investigation into the hands of those accused of the unlawful and discriminatory actions.

On several occasions, Hanson has requested an opportunity to present his information to the City, including requests made to City officials, the Mayor, and the City Council, along with requests to Stilwell. Any further effort to exhaust his remedies with the City would be futile.

REFERENCE:
Petition asks for resignation of city administrator
March planned on city hall, By MARY SCHLEY, The Carmel Pine Cone, July 18, 2014, 3A