Yet, the MCCGJ Report on Carmel Governance contains acts of “wrongdoing,” as defined as improper conduct, misconduct or misdoing, including acts of omission and commission, that are directly attributable to former City Administrator Jason Stilwell and former Administrative Services Director Susan Paul. To wit, referring to Forensic Examiner Mark Alcock’s second and third contracts with the City, “There appeared to be a practice of allowing the consultant to overrun the contract amounts, followed by a “catchup” City Council-authorized contract amendment.”
Moreover, the Report states “A review of the files covering contracts generated during their tenure showed that a number contained the same issues that they were trying to remedy—missing statements of work, payment schedules, and milestone measurements.”
And the MCCGJ Report states “It is the responsibility of the Administrator to make certain that municipal laws and ordinances are enforced, to oversee fiscal and budgetary matters, to manage all employee actions, and to provide administrative direction for the day-to-day operations of all departmental activities." But, according to FINDING 18, “There was no evidence of any systematic review of contracts in excess of $25,000 by legal counsel as to form or content." Certainly with all the contracting with outside legal counsel authorized by then-City Administrator Jason Stilwell, Mr. Stilwell certainly should have contracted with legal counsel to review contracts “as to form or content.” And Mr. Stilwell was certainly in a position to make certain that the City Treasurer was not “isolated from any meaningful role in the contract/invoice disbursements and tracking system.” Yet, FINDINGS 17 states “The City Treasurer was isolated from any meaningful role in the contract/invoice disbursements and tracking system.”
Additionally, with respect to the City Security System Audit Report (2013), a report estimated to be 150 pages identifying “800 security vulnerabilities,” that the MCCGJ made RECOMMENDATION 3 “The City immediately procure or upgrade to an appropriate IT System and secure the data network” is evidence that then-City Administrator Jason Stilwell failed to remedy IT issues which arguably should have been remedied early during his three-year tenure.
As for other possible “wrongdoing” by then-City Administrator Jason Stilwell and then-Administrative Services Director Susan Paul, the MCCGJ Report’s failure to address their actions and conduct regarding the two separate investigations of IT Misconduct; one investigation into Plaintiffs possible criminal activity ("Criminal Investigation"), and the second investigation into the IT Misconduct and related job performance of Plaintiff in his capacity as an employee of the City ("Administrative Investigation"), and the decision to not forward the “Criminal Investigation” findings to the Monterey County District Attorney’s Office given Search Warrant No. 7682 checked statements of “Property or things used as a means of committing a felony” and “Property or things that are evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony,” is significant due to the nature of the Criminal Investigation and to its noticeable absence from the MCCGJ Report. Subsequent to the MCCGJ Report, on June 17, 2015, the City settled the McInchak’s matter for $275,000.
F11. Ms. Paul was an experienced Administrative Services Director who quickly recognized areas of mismanagement and risk for the City and implemented solutions within what she understood to be her areas of authority with due diligence and proper municipal procedure. Her decisive by-the-book actions and abrupt manner caused resentment among longtime employees and City residents, which may have been avoided with more sensitivity on her part to the City’s culture.
Written & Published by L. A. Paterson
And the MCCGJ Report states “It is the responsibility of the Administrator to make certain that municipal laws and ordinances are enforced, to oversee fiscal and budgetary matters, to manage all employee actions, and to provide administrative direction for the day-to-day operations of all departmental activities." But, according to FINDING 18, “There was no evidence of any systematic review of contracts in excess of $25,000 by legal counsel as to form or content." Certainly with all the contracting with outside legal counsel authorized by then-City Administrator Jason Stilwell, Mr. Stilwell certainly should have contracted with legal counsel to review contracts “as to form or content.” And Mr. Stilwell was certainly in a position to make certain that the City Treasurer was not “isolated from any meaningful role in the contract/invoice disbursements and tracking system.” Yet, FINDINGS 17 states “The City Treasurer was isolated from any meaningful role in the contract/invoice disbursements and tracking system.”
Additionally, with respect to the City Security System Audit Report (2013), a report estimated to be 150 pages identifying “800 security vulnerabilities,” that the MCCGJ made RECOMMENDATION 3 “The City immediately procure or upgrade to an appropriate IT System and secure the data network” is evidence that then-City Administrator Jason Stilwell failed to remedy IT issues which arguably should have been remedied early during his three-year tenure.
As for other possible “wrongdoing” by then-City Administrator Jason Stilwell and then-Administrative Services Director Susan Paul, the MCCGJ Report’s failure to address their actions and conduct regarding the two separate investigations of IT Misconduct; one investigation into Plaintiffs possible criminal activity ("Criminal Investigation"), and the second investigation into the IT Misconduct and related job performance of Plaintiff in his capacity as an employee of the City ("Administrative Investigation"), and the decision to not forward the “Criminal Investigation” findings to the Monterey County District Attorney’s Office given Search Warrant No. 7682 checked statements of “Property or things used as a means of committing a felony” and “Property or things that are evidence that tends to show a felony has been committed, or tends to show that a particular person has committed a felony,” is significant due to the nature of the Criminal Investigation and to its noticeable absence from the MCCGJ Report. Subsequent to the MCCGJ Report, on June 17, 2015, the City settled the McInchak’s matter for $275,000.
In short, given the aforementioned improper conduct, misconduct and misdoing, including acts of omission and commission, directly attributable to then-City Administrator Jason Stilwell and then-Administrative Services Director Susan Paul as stated in the MCCGJ Report on Carmel Governance, it is evident to any reasonable individual that the MCCGJ Report should have recognized these acts as acts of a kind of “wrongdoing.” Instead the MCCGJ made FINDING 10 and FINDING 11, as follows:
F10. Mr. Stilwell was a well-qualified City Administrator who recognized and diligently addressed widespread City management problems and tried to implement shifting City Council priorities, maintaining a professional attitude in spite of external pressure and criticism. He may have avoided much of the upheaval surrounding his administration by having a clearer perception of the nature of small-town government and exercising a more thoughtful and measured approach to change.
F11. Ms. Paul was an experienced Administrative Services Director who quickly recognized areas of mismanagement and risk for the City and implemented solutions within what she understood to be her areas of authority with due diligence and proper municipal procedure. Her decisive by-the-book actions and abrupt manner caused resentment among longtime employees and City residents, which may have been avoided with more sensitivity on her part to the City’s culture.
Written & Published by L. A. Paterson
NOTE: Jason Stillwell was hired as deputy city manager for Santa Maria; Stilwell started Monday, June 15, 2015.
Source: ‘Well-Respected Administrator’ Named Deputy City Manager for Santa Maria By Janene Scully, Noozhawk North County Editor | @JaneneScully | Published on 06.18.2015 9:14 p.m.
Source: ‘Well-Respected Administrator’ Named Deputy City Manager for Santa Maria By Janene Scully, Noozhawk North County Editor | @JaneneScully | Published on 06.18.2015 9:14 p.m.
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