Sunday, March 24, 2013

City Government: Is Carmel-by-the-Sea a ‘Well Managed,' 'Open and Transparent' City Government? (Part I)

ABSTRACT: Is Carmel-by-the-Sea a "Well Managed,” “Open and Transparent” City Government? E-mails are featured in chronological order, including E-Mail # 1 from Paterson to Molly Laughlin, Deputy City Clerk, E-Mail #2 from Paterson to Molly Laughlin with copy to Jason Stilwell, City Administrator, E-Mail #3 from Jason Stilwell, City Administrator, to Paterson, E-Mail #4 from Susan Paul, Administrative Services Director, to Paterson, E-Mail #5 from Heather Coffman, Liebert Cassidy Whitmore, to Paterson and E-Mail #6 from Paterson to Jason Stilwell, City Administrator. QUESTIONS & COMMENT are presented.

E-Mail # 1 from Paterson to Molly Laughlin, Deputy City Clerk

Sent: Sat 3/2/2013 1:52 PM
From: Paterson [SebViz2@sbcglobal.net]
To: 'Molly Laughlin'
Cc: 'sebviz2@sbcglobal.net'
Subject: February 2013 Check Register Itemization Request

Molly Laughlin, Deputy City Clerk:

Please itemize the following checks from the City’s February 2013 Check Register.

125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 775.50 01 61051 0002 PROFESSIONAL SERVICES
125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 470.00 01 61051 0002 PROFESSIONAL SERVICES
125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 5,277.98 01 61051 0040 PROFESSIONAL SERVICES
125962 2/26/2013 KENNEDY, ARCHER & HARRAY $ 8,771.40 01 61051 0040 PROFESSIONAL SERVICES
125962 2/26/2013 KENNEDY, ARCHER & HARRAY $ 470.00 01 61051 0002 PROFESSIONAL SERVICES
Vendor Total -----> $ 15,764.88

125894 2/15/2013 MONTEREY BAY PLANNING SERVICES $ 9,061.45 01 61051 0040 PROFESSIONAL SERVICES
Vendor Total -----> $ 9,061.45

125851 2/5/2013 PERRY & FREEMAN LAW OFFCE $ 1,150.00 01 61051 PROFESSIONAL SERVICES
Vendor Total -----> $ 1,150.00

125854 2/5/2013 SEDWAY CONSULTING INC $ 5,950.00 01 61051 0040 PROFESSIONAL SERVICES
Vendor Total -----> $ 5,950.00

Thank you.  Ms. Paterson


E-Mail #2 from Paterson to Molly Laughlin with copy to Jason Stilwell, City Administrator

Sent: Mon 3/11/2013 8:42 AM
From: Paterson [SebViz2@sbcglobal.net]
To: 'Molly Laughlin'
Cc: 'Jason Stilwell'
Subject: FW: February 2013 Check Register Itemization Request

Please comply with request of 2 March 2013.

From: Paterson [mailto:SebViz2@sbcglobal.net]
Sent: Saturday, March 02, 2013 1:52 PM
To: 'Molly Laughlin'
Cc: sebviz2@sbcglobal.net
Subject: February 2013 Check Register Itemization Request


Molly Laughlin, Deputy City Clerk:

Please itemize the following checks from the City’s February 2013 Check Register.

125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 775.50 01 61051 0002 PROFESSIONAL SERVICES
125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 470.00 01 61051 0002 PROFESSIONAL SERVICES
125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 5,277.98 01 61051 0040 PROFESSIONAL SERVICES
125962 2/26/2013 KENNEDY, ARCHER & HARRAY $ 8,771.40 01 61051 0040 PROFESSIONAL SERVICES
125962 2/26/2013 KENNEDY, ARCHER & HARRAY $ 470.00 01 61051 0002 PROFESSIONAL SERVICES
Vendor Total -----> $ 15,764.88

125894 2/15/2013 MONTEREY BAY PLANNING SERVICES $ 9,061.45 01 61051 0040 PROFESSIONAL SERVICES
Vendor Total -----> $ 9,061.45

125851 2/5/2013 PERRY & FREEMAN LAW OFFCE $ 1,150.00 01 61051 PROFESSIONAL SERVICES
Vendor Total -----> $ 1,150.00

125854 2/5/2013 SEDWAY CONSULTING INC $ 5,950.00 01 61051 0040 PROFESSIONAL SERVICES
Vendor Total -----> $ 5,950.00

Thank you.  Ms. Paterson


E-Mail #3 from Jason Stilwell, City Administrator, to Paterson

Sent: Tue 3/12/2013 12:06 PM
From: Jason Stilwell [jstilwell@ci.carmel.ca.us]
To: Paterson
Cc: Heidi Burch
Subject: RE: February 2013 Check Register Itemization Request

Thank you for the request Ms. Paterson.  Molly is not available at the referenced email address.  I am in receipt of your request and will process your request.  Jason

From: Paterson [mailto:SebViz2@sbcglobal.net]
Sent: Monday, March 11, 2013 8:42 AM
To: Molly Laughlin
Cc: Jason Stilwell
Subject: FW: February 2013 Check Register Itemization Request

Please comply with request of 2 March 2013.

From: Paterson [mailto:SebViz2@sbcglobal.net]
Sent: Saturday, March 02, 2013 1:52 PM
To: 'Molly Laughlin'
Cc: sebviz2@sbcglobal.net
Subject: February 2013 Check Register Itemization Request


Molly Laughlin, Deputy City Clerk:

Please itemize the following checks from the City’s February 2013 Check Register.

125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 775.50 01 61051 0002 PROFESSIONAL SERVICES
125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 470.00 01 61051 0002 PROFESSIONAL SERVICES
125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 5,277.98 01 61051 0040 PROFESSIONAL SERVICES
125962 2/26/2013 KENNEDY, ARCHER & HARRAY $ 8,771.40 01 61051 0040 PROFESSIONAL SERVICES
125962 2/26/2013 KENNEDY, ARCHER & HARRAY $ 470.00 01 61051 0002 PROFESSIONAL SERVICES
Vendor Total -----> $ 15,764.88

125894 2/15/2013 MONTEREY BAY PLANNING SERVICES $ 9,061.45 01 61051 0040 PROFESSIONAL SERVICES
Vendor Total -----> $ 9,061.45

125851 2/5/2013 PERRY & FREEMAN LAW OFFCE $ 1,150.00 01 61051 PROFESSIONAL SERVICES
Vendor Total -----> $ 1,150.00

125854 2/5/2013 SEDWAY CONSULTING INC $ 5,950.00 01 61051 0040 PROFESSIONAL SERVICES
Vendor Total -----> $ 5,950.00

Thank you.  Ms. Paterson


E-Mail #4 from Susan Paul, Administrative Services Director, to Paterson

Sent: Tue 3/12/2013 7:00 PM
From: Susan Paul [spaul@ci.carmel.ca.us]
To: sebviz2@sbcglobal.net
Cc: Heidi Burch; Jason Stilwell
Subject: March 2, 2013 PRA Request - February 2013 Check Register Itemization Request

Dear Ms. Paterson – The City is in receipt of your request for information dated March 2, 2013.  The City is processing the request and will provide a further response Pursuant to the California Public Records Act.

Sincerely,

Susan Paul
Administrative Services Director

From: Paterson [mailto:SebViz2@sbcglobal.net]
Sent: Saturday, March 02, 2013 1:52 PM
To: 'Molly Laughlin'
Cc: sebviz2@sbcglobal.net
Subject: February 2013 Check Register Itemization Request


Molly Laughlin, Deputy City Clerk:

Please itemize the following checks from the City’s February 2013 Check Register.

125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 775.50 01 61051 0002 PROFESSIONAL SERVICES
125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 470.00 01 61051 0002 PROFESSIONAL SERVICES
125839 2/5/2013 KENNEDY, ARCHER & HARRAY $ 5,277.98 01 61051 0040 PROFESSIONAL SERVICES
125962 2/26/2013 KENNEDY, ARCHER & HARRAY $ 8,771.40 01 61051 0040 PROFESSIONAL SERVICES
125962 2/26/2013 KENNEDY, ARCHER & HARRAY $ 470.00 01 61051 0002 PROFESSIONAL SERVICES
Vendor Total -----> $ 15,764.88

125894 2/15/2013 MONTEREY BAY PLANNING SERVICES $ 9,061.45 01 61051 0040 PROFESSIONAL SERVICES
Vendor Total -----> $ 9,061.45

125851 2/5/2013 PERRY & FREEMAN LAW OFFCE $ 1,150.00 01 61051 PROFESSIONAL SERVICES
Vendor Total -----> $ 1,150.00

125854 2/5/2013 SEDWAY CONSULTING INC $ 5,950.00 01 61051 0040 PROFESSIONAL SERVICES
Vendor Total -----> $ 5,950.00

Thank you.  Ms. Paterson


E-Mail #5 from Heather Coffman, Liebert Cassidy Whitmore, to Paterson

Sent: Wed 3/20/2013 2:49 PM
From: Heather R. Coffman [hcoffman@lcwlegal.com]
To: SebViz2@sbcglobal.net
Cc: J. Scott Tiedemann; spaul@ci.carmel.ca.us
Subject : Further Response to Public Records Act Request Received March 4, 2013 (City of Carmel-By-The-Sea) CA200-001
Attachments:  Coffman to Paterson re Carmel PRA Response 032013.pdf (64 KB)

Dear Ms. Paterson:

Please see the attached correspondence on behalf of the City of Carmel-By-The-Sea.

Thank you for your attention to this matter.

Sincerely,
__________________________________________________
Heather Robert Coffman | Associate
Description: Liebert Cassidy Whitmore
153 Townsend Street, Suite 520
San Francisco, CA 94107
direct: 415.512.3013 | fax: 415.856.0306
hcoffman@lcwlegal.com| website

 

Attachment:  Coffman to Paterson re Carmel PRA Response 032013.pdf (64 KB)


E-Mail #6 from Paterson to Jason Stilwell, City Administrator

Sent: Wed 3/20/2013 5:54 PM
From: Paterson [SebViz2@sbcglobal.net]
To: 'Jason Stilwell'
Cc: 'Susan Paul'
Subject; FW: Checks Itemization Request

Jason Stilwell, City Administrator:

Every month prior to March 2013, the City has itemized checks as seen in the email below of February 4, 2013 from Deputy City Clerk Molly Laughlin.  If, as stated in the LIEBERT CASSIDY WHITMORE letter dated March 20, 2013, “every effort has been made to identify public records that fall within the scope of your request,” then please explain why the City is no longer able to honor my current request as similar previous requests were honored in the past.

Perhaps the additional information identifying documents would consist of e-copies of the checks themselves denoting specific professional services or invoices the City has which correspond to the checks I have requested for itemization.

Ms. Paterson

From: Molly Laughlin [mailto:mlaughlin@ci.carmel.ca.us]
Sent: Monday, February 04, 2013 8:37 AM
To: Paterson
Subject: RE: Checks Itemization Request

In response to your request, please see the following itemizations.

From: Paterson [mailto:SebViz2@sbcglobal.net]
Sent: Sunday, February 03, 2013 8:39 PM
To: Molly Laughlin
Cc: sebviz2@sbcglobal.net
Subject: Checks Itemization Request


Molly Laughlin, Deputy City Clerk:

Please itemize the following checks from the City’s Check Register January 2013:

125697 1/16/2013 BROWNSTEIN/HYATT/FARBER/SCHRECK $ 5,320.00 01 61051 0002 PROFESSIONAL SERVICES
Vendor Total -----> $ 5,320.00           Legal counsel-Regional Water Supply matter.

125724 1/16/2013 LIEBERT CASSIDY WHITMORE $ 2,962.00 01 61051 PROFESSIONAL SERVICES
Vendor Total -----> $ 2,962.00           Membership dues—Monterey Bay Employment Relations Consortium

125732 1/16/2013 MONTEREY BAY PLANNING SERVICES $ 9,497.90 01 61051 0040 PROFESSIONAL SERVICES
Vendor Total -----> $ 9,497.90           Flanders Mansion issue.

Thank you.  Ms. Paterson

QUESTIONS & COMMENT

  • Is the City’s labeling a resident’s request for information regarding checks in the City’s Monthly Check Register (information which had been provided every month for years) a “Public Records Act Request” an effort to deny access to information which any member of the public should have access to?
  • Was the City’s expenditure of taxpayer monies to a Liebert Cassidy Whitmore attorney for the purpose of responding to a resident’s query for information appropriate and justifiable?  Note: A Liebert Cassidy Whitmore attorney represented the City of Carmel-by-the-Sea in the City’s motion to disqualify former Human Resources Manager Jane Miller’s attorney, Michael Stamp, in Miller, Kingsley Jane v. City of Carmel-by-the-Sea (M99513) involving Miller’s claims of sexual harassment, employment discrimination and retaliation.  Superior Court Judge Larry Hayes ruled in favor of Jane Miller and against the City of Carmel-by-the-Sea; the City subsequently settled the case for $600,000 plus approximately $200,000 in attorney fees.  
  • Is this instance an example of what Carmel-by-the-Sea Mayor Jason Burnett really means when he says that the City of Carmel-by-the-Sea is a “well managed,” “open and transparent” city government?
  • The City of Carmel-by-the-Sea’s Code of Ethics states, as follows:
Article I. Code of Ethics
2.52.010 Code of Ethics.
As public employees we are entrusted with the confidence of those we serve to fulfill the responsibilities of our roles. Our actions are deemed representative of those we serve and our function, therefore, carries with it a greater responsibility than that of the private enterprise employee. Our system of government is viewed by the public through our acts as we fulfill the demands of our positions. We must demonstrate competency, integrity, honesty, courtesy and fairness in all relationships, private and public, to best represent the type of government desired by all. We have a patriotic duty to fulfill our roles in the highest standard possible for the purpose of assuring exemplary government for all people. A departure from this ideal creates an injustice for all. (Ord. 87-1 § 2, 1987).

Unfortunately, it appears that Carmel-by-the-Sea Mayor Jason Burnett has not inspired city employee fidelity to the City’s Code of Ethics.
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