[t]here were significant issues with [Hurchalla] that arose prior to the signing of our latest agreement, including abusive/harassing conduct and bullying of [SCC] employees as well as client complaints. As an example, I am attaching a letter sent to him from Christine Sandin, Executive Director, in April 2017.15 All of this resulted in him being placed on a “do not dispatch” list. While we have a new subcontracting agreement in place with Local 611, SCC is mandated under law to maintain a safe and healthy workplace, and a workplace free from harassment and abusive conduct, as well as remain a favored venue for our clients. Hence our position remains the same; namely, that Mr. Hurchalla continue to not be dispatched to our venue.
15 No attachment to this email was introduced into the record, but McCloud was presumably referring to Sandin’s April 11, 2017 “Memorandum for Record” addressed to Hurchalla regarding his alleged insubordination on April 4, 2017. See Jt. Exh. 3 at 2.)
- From January 2001 to 2003, Guillen forced out several long-time City directors and employees, including the Assistant City Administrator, Community and Cultural Director, Public Works Director, and Financial Services Coordinator. Guillen negotiated with those employees, and combined the negotiations with threats to terminate certain of those employees, all of whom were significantly over the age of 40.
- Between 2003-2008, attorney Michael Stamp represented four city employees on claims of employment discrimination, harassment, hostile workplace environment and forced "early retirement" against the City. The negotiated compensation awarded in the four settlements exceeded $500,000.
- In 2008, Stamp began representing a fifth employee, Human Resources Manager Jane Miller, in her claims of retaliation, gender-based discrimination and harassment, and age discrimination against the City and City Administrator Richard Guillen. In May 2008, Stamp wrote to the City and raised the claims directly with the Mayor, City Council, City Administrator and City Attorney. The matter settled for $600,000 in 2010.
- City's Lack of Response to Ms. Miller's Complaint In a letter of May 20, 2008, on behalf of Ms. Miller, we provided notice to the Mayor of Ms. Miller's claims in regard to Richard Guillen. The Mayor never responded.
REFERENCE:
JANE KINGSLEY MILLER, Plaintiff, v. CITY OF CARMEL-BY-THE-SEA, and DOES 1 through 100, Defendants.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF MONTEREY
Case No. M99513
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