COMMENTARY It's About Accountability, Stupid!

It's NOT about Travel+Leisure magazine readers rating Carmel No. 3 of “World's Best Cities for Romance” (2014)

It's NOT about Condé Nast Traveler readers voting Carmel-by-the-Sea #2 of “The 10 Best Small Cities in America” for “cultural attractions, stylish hotels and charm.” (2014)

It's NOT about Condé Nast Traveler readers voting Carmel-by-the-Sea #7 of “The Best American Cities for Foodies" (2014).

It's NOT about Condé Nast Traveler readers voting Carmel #5 in the “Top 10 Cities in the Unities States” (Readers’ Choice Awards 2013).

It's NOT about THE CITY OF Carmel-By-The-Sea CITY COUNCIL POLICY PUBLIC RECORDS RESPONSE POLICY, Exhibit “A,” adopted by the City Council at the August 5, 2014 Regular City Council Meeting.

It's NOT about the Carmel City Council vowing “to improve communications with the public” and adopting “a revised PRA policy putting Freeman in charge and declaring requests would be fulfilled as quickly and as completely as possible.”

It's NOT about City Attorney Don Freeman telling “a group of about 20 residents, business people and public officials that he and city staff will make a great effort to respond to people’s requests for public documents as quickly — and with as little fuss — as possible, just like the fire department responds to emergencies” on Monday, August 11, 2014.

It’s about ACCOUNTABILITY!

It's ABOUT the PETITION TO TERMINATE THTE CURRENT CITY ADMINISTRATOR and the 539 petition signers who “after giving careful consideration to the policies and practices currently being created and implemented by the City Administrator, Mr. Jason Stilwell, urge that the City Council request and accept Mr. Stilwell’s resignation."

It is ABOUT the City Council holding City Administrator Jason Stilwell accountable for his record of not honoring the California Public Records Act (CPRA) (California Government Code Section 6250 et seq). It is ABOUT City Administrator Jason Stilwell not honoring “the policy of the City of Carmel-by-the-Sea that the CPRA be construed broadly in favor of public disclosure consistent with the law.” Furthermore, it is ABOUT two Petitions for Writ of Mandate filed against the City of Carmel-by-the-Sea, namely CARMEL COMMUNICATIONS, INC., Petitioner, v. CITY OF CARMEL-BY-THE-SEA, and Does 1 through 10, inclusive, Respondents. (Case No. M125118) and TRANSPARENCY IN GOVERNMENT, an unincorporated association, Petitioner, v. CITY OF CARMEL-BY-THE-SEA, and Does 1 through 10, inclusive Respondents. (Case No. 128766), alleging violations of the California Public Records Act; both finally settled, the former without monetary compensation and the later with monetary compensation of $1,800 in attorney’s fees and $435 in court costs. It is ABOUT City Administrator Jason Stilwell overseeing public records redacted, delayed and denied to Transparency California, Thomas Peele, Watchdog columnist Bay Area News Group and members of the public.
To wit: It is ABOUT…
“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.”

It's ABOUT the City Council holding City Administrator Jason Stilwell accountable for his record of “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.”

It's ABOUT the City Council holding City Administrator Jason Stilwell accountable for his decision to deaccession City art valued at more than a quarter million dollars and sold for $9,548 after a determination had been made a year earlier that it would be disadvantageous and not in the economic interest of the City to have an auction house sell the deaccessioned artworks.

It's ABOUT the City Council holding City Administrator Jason Stilwell accountable for his “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,” namely 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, alleging Abuse of Discretion, Breach of Written Contract of Employment, Defamation, Intentional Infliction of Emotional Distress, Negligent Infliction of Emotional Distress and JOHN HANSON, Plaintiff, v. CITY OF CARMEL-BY-THE-SEA and DOES 1 through 100, Defendants, alleging Discrimination in Employment, Wrongful Termination, Denial of Due Process Rights, Age-Based Discrimination in Employment-Disparate Impact, Breach of Contract and Wrongful Termination in Violation of Public Policy (Whistleblowing) against Defendant City of Carmel-by-the-Sea.

It's ABOUT the City Council holding City Administrator Jason Stilwell accountable for his “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” and not informing the public the McInchak Criminal Investigation was closed in December 2013.

It's ABOUT the City Council holding City Administrator Jason Stilwell accountable for his “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,” totaling over $300,000 as of the June 2014 Check Register.

It's ABOUT the City Council holding City Administrator Jason Stilwell accountable for his “Failure to set priorities for the repair and reopening of the historic Forest Theater and the disposition of Flanders” prior to the emergency chains and padlock closure of the Forest Theatre and not signing a lease for the Flanders Mansion Property with a qualified applicant in 2013.

It's ABOUT the City Council holding City Administrator Jason Stilwell accountable for “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.”

It's ABOUT the City Council holding City Administrator Jason Stilwell accountable for “The projected costs of $900,000 to build a new two stall restroom at the south end of Carmel Beach at Santa Lucia.,” a policy of the city council, implemented by the city administrator.

It's ABOUT Mayor Jason Burnett and City Council Members Ken Talmage, Victoria Beach, Carrie Theis and Steve Dallas understanding that they are solely responsible for holding City Administrator Jason Stilwell accountable for his record; it is NOT about being dismissive about the concerns of Carmelites and it is NOT about making symbolic concessions to appease and assuage constituents as a substitute for the hard decisions required of a governing body made in the best short-term and long-term interests of the City, residents and visitors.

Written & Published by L.A. Paterson