UPDATE: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, Steven McInchak v. City of Carmel by-the-Sea, et al. (5:14-cv-03084-RMW)

RELATED NEWS ARTICLE:
McInchak, Carmel spar with court motions
By Larry Parsons, 08/11/2014

ABSTRACT: RE: UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA, STEVEN McINCHAK PETITIONER/Plaintiffs 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 1-50, inclusive, Defendants. CASE NO: 5:14-CV-03084 (HRL), NOTICE OF MOTION AND MOTION TO REMAND CASE TO STATE COURT, DEFENDANTS’ NOTICE OF MOTION AND SPECIAL MOTION TO STRIKE CERTAIN CLAIMS OF PLAINTIFF’S PETITION COMPLAINT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE § 425.16 (ANTI-SLAPP MOTION TO STRIKE); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF, REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF SPECIAL MOTION TO STRIKE, CONSENT OR DECLINATION TO MAGISTRATE JUDGE JURISDICTION and ORDER documents are embedded. “IT IS ORDERED that this case is reassigned to the Honorable Ronald M Whyte in the San Jose division for all further proceedings. Counsel are instructed that all future filings shall bear the initials RMW immediately after the case number. All dates presently scheduled are vacated and motions should be renoticed for hearing before the judge to whom the case has been reassigned. Briefing schedules, including ADR and other deadlines remain unchanged. See Civil L.R. 7-7(d). Matters for which a magistrate judge has already issued a report and recommendation shall not be rebriefed or noticed for hearing before the newly assigned judge; such matters shall proceed in accordance with Fed. R. Civ. P. 72(b).”

Mcinchak Notice of Motion and Motion to Remand Case to State Court

NOTICE OF MOTION AND MOTION TO REMAND CASE TO STATE COURT
Filing Date 08-01-14

Mcinchak Defendants Notice of Motion and Special Motion to Strike

DEFENDANTS’ NOTICE OF MOTION AND SPECIAL MOTION TO STRIKE CERTAIN CLAIMS OF PLAINTIFF’S PETITIONCOMPLAINT PURSUANT TOCALIFORNIA CODE OF CIVIL PROCEDURE § 425.16 (ANTI-SLAPP MOTION TO STRIKE); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF
Filing Date 08-01-14

McINCHAK REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF SPECIAL MOTION TO STRIKE.pdf

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF SPECIAL MOTION TO STRIKE
Filing Date 08-01-14

Mcinchak Magistrate Judge

CONSENT OR DECLINATION TO MAGISTRATE JUDGE JURISDICTION
Filing Date 08-06-14

McINCHAK ORDER 8-6-14.pdf

ORDER
Filing Date 08-06-14

‘New Open-Communication’ ‘Resident-Friendly Outreach’ Propaganda

ABSTRACT: “Propaganda is the deliberate, systematic attempt to shape perceptions, manipulate cognitions, and direct behavior to achieve a response that furthers the desired intent of the propagandist.”

“The purpose of propaganda is to promote a partisan or competitive cause in the best interest of the propagandist but not necessarily in the best interest of the recipient.”

“Information communicated by the propagandist may appear to be indisputable and totally factual. The propagandist knows, however, that the purpose is not to promote mutual understanding but rather to promote his or her own objectives. Thus, the propagandist will attempt to control information flow and manage a certain public's opinion by shaping perceptions through strategies of informative communication.”

Source: Propaganda and persuasion/edited by Garth S. Jowett, Victoria O'Donnell.-5th ed., 2012

Prior to the commencement of the August 5, 2014, City Council meeting, “Mayor Jason Burnett told a packed audience that the council gave its unanimous support to Stilwell and City Attorney Donald Freeman, but acknowledged "a serious communication problem" and promised a more resident-friendly outreach.,” according to reporting in The Monterey County Herald. Consequently, the mayor distracts the public from the seriousness and substantive content of the nine points on the PETITION TO TERMINATE THE CURRENT CITY ADMINISTRATOR, misrepresents the issue as merely “a serious communication problem” thereby attempting to evade responsibility and accountability for past city violations and actions, specifically the actions of City Administrator Jason Stilwell, the mayor and city council.

We, the residents of the City of Carmel-by-the-Sea, have an opportunity to decide what kind of village we want to live in. One of the purposes of the PETITION TO TERMINATE THE CURRENT CITY ADMINISTRATOR was to inform and promote our capacity to reason and make decisions. We collectively have a choice: we can mollify ourselves with the propaganda and distraction techniques of our mayor or we can confront the truth and reality and decide to work to change the local government status quo.

ONLINE POLL RESULTS (The Monterey County Herald)
“Will Carmel deliver on its promise to be more community friendly?
YES 10% NO 90%

"Propaganda is to a democracy what the bludgeon is to a totalitarian state."
—Noam Chomsky, Media Control: The Spectacular Achievements of Propaganda, 1997

Propaganda is as powerful as heroin; it surreptitiously dissolves all capacity to think.”
― Gil Courtemanche, A Sunday at the Pool in Kigali

Carolina Bayne: ‘We respectfully request that you protect our village from additional harm and avoid the necessity of further action by this community by taking immediate and decisive steps to meet the concerns expressed by the petition calling for the resignation of the city administrator.’

ABSTRACT: During PUBLIC APPEARANCES at the Tuesday, August 5, 2014 City Council meeting, resident Carolina Bayne spoke on behalf of the 539 signers of the PETITION TO TERMINATE THE CURRENT CITY ADMINISTRATOR. Bayne’s remarks are reproduced.

Mr. Mayor and Members of Council:

The 539 petition signatures that we as a community have placed in front of you represent concerned residents, business and property owners who demand that their collective voice will be heard and acted on by those they have placed in office.

It should be noted with some degree of community shame, real shame, that there were those who were hesitant to sign the petition expressing concern that they would suffer retribution from those who are in a position to exercise such consequences.

Mr. Mayor, you have stated that “I don’t think it is ethical…to hold our staff, most notably our city administrator, accountable for decisions that we, the council, have made.” However, it is the responsibility of each Council Member to acknowledge the respective roles of the city council and the city administrator: you establish the policies and the city administrator carries them out. Council must remain mindful of your oath of office to protect the greater interest of the public and community’s reputation and values.

The city council is not authorized nor permitted to hire or fire staff with the exceptions of the city administrator, attorney, engineer and Treasurer. The city council does not have the authority to refuse to process PRA requests, issue permits or authorize the violation of the city’s contracting ordinances. These decisions, to name but a few, have been unilaterally made by the city administrator and have led to statewide criticism, embarrassment and unwarranted and unproven allegations of staff misconduct, which have now led to significant legal exposure.

Members of Council, our message is clear. We respectfully request that you protect our village from additional harm and avoid the necessity of further action by this community by taking immediate and decisive steps to meet the concerns expressed by the petition calling for the resignation of the city administrator.

Thank you.

RELATED NEWS ARTICLE:
Despite protest, Carmel council backs embattled administrator
Group calls for city government changes
By Larry Parsons, 08/05/2014

$303.836.29: TOTAL TAXPAYER EXPENDITURES TO MARK ALCOCK, FORENSIC EXAMINER (May 2013 – June 2014)

ABSTRACT: “Last Thursday, Calhoun issued a statement announcing the investigation was closed because computer expert Mark Alcock couldn’t find evidence of any criminal wrongdoing,” according to reporting in The Carmel Pine Cone. “The investigation concerned allegations that Steve McInchak unlawfully gained access to personnel files and information,” according to Calhoun’s statement. “The examiner was unable to provide sufficient information to proceed further with the investigation. Based on the inability to further the investigation, the police department has closed the case.” Rosen said the case “also raises a lot of questions about this private forensic computer examiner, Alcock, because he was the one who looked at McInchak’s computer and said that he thought there were signs of wrongdoing. It was based on those allegations of Alcock that [the city] was able to get a search warrant.” And “Why did they spend so much money on him for nothing? And why did it take so long? I think the citizens of Carmel are entitled to know more detail about what happened and what this guy was paid for and why it came up with goose eggs,” Rosen said. Total taxpayer expenditures to Mark Alcock, Forensic Examiner, as of the June 2014 City Check Register, $303,836.29.
In Summary, total expenditures per month:
June 2014 $42,550.00
May 2014 $8,200.00
April 2014 $36,800.00
February 2014 $26,400.00
December 2013 $21,674.75
November 2013$43,101.00
September 2013 $60,346.00
August 2013 $21,780.54
June 2013 $32,026.00
May 2013 $10,958.00
TOTAL: $303,836.29

REFERENCE: Lawyer forces P.D.’s hand in McInchak case, By MARY SCHLEY, The Carmel Pine Cone, August 1, 2014, 23A

City’s Check Register Entries for MARK ALCOCK, 69053 CONTRACTUAL SERVICES-EXAMINER, CONTRACTUAL SERVICES-IT NETWORK SERVICES, CONTRACTUAL SERVICES-IT SUPPORT (October 2013-June 2014)

128480 6/13/2014 MARK ALCOCK $ 3,600.00 01 67053 CONTRACTUAL SERVICES-IT NETWORK SERVICES
128480 6/13/2014 MARK ALCOCK $ 6,750.00 01 67053 CONTRACTUAL SERVICES
Vendor Total ----->$ 10,350.00

128609 6/27/2014 MARK ALCOCK $ 800.00 01 64053 CONTRACTUAL SERVICES-EXAMINER
128609 6/27/2014 MARK ALCOCK $ 5,400.00 01 67053 CONTRACTUAL SERVICES-EXAMINER
128609 6/27/2014 MARK ALCOCK $ 6,000.00 01 69053 CONTRACTUAL SERVICES-EXAMINER
128609 6/27/2014 MARK ALCOCK $ 5,000.00 01 76053 CONTRACTUAL SERVICES-EXAMINER
128609 6/27/2014 MARK ALCOCK $ 4,000.00 01 64053 CONTRACTUAL SERVICES-EXAMINER
128609 6/27/2014 MARK ALCOCK $ 6,000.00 01 84053 CONTRACTUAL SERVICES-EXAMINER
128609 6/27/2014 MARK ALCOCK $ 5,000.00 01 67053 CONTRACTUAL SERVICES-EXAMINER
Vendor Total -----> $ 32,200.00

128267 5/9/2014 MARK ALCOCK $1,600.00 01 67053 CONTRACTUAL SERVICES-IT NETWORK SERVICES
128267 5/9/2014 MARK ALCOCK $1,600.00 01 67053 CONTRACTUAL SERVICES-IT NETWORK SERVICES
128267 5/9/2014 MARK ALCOCK $1,000.00 01 67053 CONTRACTUAL SERVICES-IT NETWORK SERVICES
128267 5/9/2014 MARK ALCOCK $2,000.00 01 67053 CONTRACTUAL SERVICES-IT NETWORK SERVICES
128267 5/9/2014 MARK ALCOCK $2,000.00 01 67053 CONTRACTUAL SERVICES-IT NETWORK SERVICES
Vendor Total ----> $ 8,200.00

128148 4/11/2014 MARK ALCOCK $ 5,000.00 01 69053 CONTRACTUAL SERVICES-EXAMINER
128148 4/11/2014 MARK ALCOCK $ 5,000.00 01 69053 CONTRACTUAL SERVICES-EXAMINER
128148 4/11/2014 MARK ALCOCK $ 3,000.00 01 69053 CONTRACTUAL SERVICES-EXAMINER
128148 4/11/2014 MARK ALCOCK $ 4,800.00 01 69053 CONTRACTUAL SERVICES-EXAMINER
128148 4/11/2014 MARK ALCOCK $ 4,000.00 01 69053 CONTRACTUAL SERVICES-EXAMINER
128148 4/11/2014 MARK ALCOCK $5,000.00 01 69053 CONTRACTUAL SERVICES-EXAMINER
128148 4/11/ 2014 MARK ALCOCK $5,400.00 01 69053 CONTRACTUAL SERVICES-EXAMINER
128148 4/11/2014 MARK ALCOCK $4,600.00 01 67053 CONTRACTUAL SERVICES-EXAMINER
Vendor Total ·····> $ 36,800.00

127921 2/27/2014 MARK ALCOCK $4,000.00 01 67053 CONTRACTUAL SERVICES-FORESNIC EXAM
127921 2/27/2014 MARK ALCOCK $9,000.00 01 69053 CONTRACTUAL SERVICES-FORESNIC EXAM
127921 2/27/2014 MARK ALCOCK $5,000.00 01 69053CONTRACTUAL SERVICES-FORESNIC EXAM
Vendor Total ->$ 18,000.00

127917 2/27/2014 MARK ALCOCK $ 8,400.00 01 67053 CONTRACTUAL SERVICES-IT SERVICES
Vendor Total---->$ 8,400.00

127460 12/6/2013 MARK ALCOCK $ 12,474.75 01 67053 CONTRACTUAL SERVICES-IT SERVICES
Vendor Total----->$12,474.75

127466 12/6/2013 MARK ALCOCK $ 9,200.00 01 67053 CONTRACT SERVICES-EXAMINER
Vendor Total ----->$9,200.00

127372 11/14/2013 MARK ALCOCK $22,000.00 01 67053 CONTRACTUAL SERVICES-FORENSIC
Vendor Total ---> $22,000.00

127289 11/7/2013 MARK ALCOCK $ 21,101.00 01 67053 CONTRACTUAL SERVICES
Vendor Total--->$21,101.00

127035 9/ 18/2013 MARK ALCOCK FORENSIC EXAMINER $18,198.00 01 74053 CONTRACTUAL SERVICES- EXAMINER
127035 9/18/2013 MARK ALCOCK $23,480.00 01 67053 CONTRACTUAL SERVICES- EXAMINER
126978 9/11/2013 MARK ALCOCK $18, 668.00 01 67053 CONTRACTUAL SERVICES-IT SERVICES
Vendor Total----->$60,346.00

126800 8/2/2013 MARK ALCOCK $ 13,180.54 01 67053 CONTRAL SERVICES IT SERCURITY
126800 8/2/2013 MARK ALCOCK $ 8,600.00 01 67053 CONTRALSERVIC ES IT EXAMINER
Vendor Total----->$21,780.54

126625 6/19/2013 MARK ALCOCK $ 21,710.00 01 67053 CONTRACTUAL SERVICES-IT SUPPORT
Vendor Total----->$21,710.00

126240 5/8/2013 MARK ALCOCK 10,958.00 01 67053 CONTRACTUAL SERVICES
126410 6/5/2013 MARK ALCOCK 10,316.00 01 67053 CONTRACTUAL SERVICES
Vendor Total -----> $21,274.00

David Packard & 'The HP Way:' Is Mayor Jason Burnett Emulating 'The HP Way' as Mayor of the City of Carmel-by-the-Sea?

ABSTRACT: David Packard (September 7, 1912 – March 26, 1996) was a co-founder, with William Hewlett, of Hewlett-Packard (1939), serving as president (1947–1964), CEO (1964–1968), and Chairman of the Board (1964–1968, 1972–1993). The founders developed a unique management style that came to be known as "The HP Way."  "The HP Way" was a framework of principles which reflected “the personal core values of David Packard and Bill Hewlett, and the translation of those values into a comprehensive set of operating practices, cultural norms, and business strategies.”
1. We have trust and respect for individuals.
2. We focus on a high level of achievement and contribution.
3. We conduct our business with uncompromising integrity.
4. We achieve our common objectives through teamwork.
5. We encourage flexibility and innovation.

“Management has a responsibility to its employees, it has a responsibility to its customers, it has a responsibility to the community at large.” David Packard
And Bill Hewlett, On their early management philosophy: “…we did not want to run a hire-and-fire operation, but rather a company built on a loyal and dedicated work force.”

The HP Way We have trust and respect for individuals.  We approach each situation with the belief that people want to do a good job and will do so, given the proper tools and support. We attract highly capable, diverse, innovative people and recognize their efforts and contributions to the company. HP people contribute enthusiastically and share in the success that they make possible. We focus on a high level of achievement and contribution. Our customers expect HP products and services to be of the highest quality and to provide lasting value. To achieve this, all HP people, especially managers, must be leaders who generate enthusiasm and respond with extra effort to meet customer needs. Techniques and management practices which are effective today may be outdated in the future. For us to remain at the forefront in all our activities, people should always be looking for new and better ways to do their work. We conduct our business with uncompromising integrity. We expect HP people to be open and honest in their dealings to earn the trust and loyalty of others. People at every level are expected to adhere to the highest standards of business ethics and must understand that anything less is unacceptable. As a practical matter, ethical conduct cannot be assured by written HP policies and codes; it must be an integral part of the organization, a deeply ingrained tradition that is passed from one generation of employees to another. We achieve our common objectives through teamwork. We recognize that it is only through effective cooperation within and among organizations that we can achieve our goals. Our commitment is to work as a worldwide team to fulfill the expectations of our customers, shareholders and others who depend upon us. The benefits and obligations of doing business are shared among all HP people. We encourage flexibility and innovation. We create an inclusive work environment which supports the diversity of our people and stimulates innovation. We strive for overall objectives which are clearly stated and agreed upon, and allow people flexibility in working toward goals in ways that they help determine are best for the organization. HP people should personally accept responsibility and be encouraged to upgrade their skills and capabilities through ongoing training and development. This is especially important in a technical business where the rate of progress is rapid and where people are expected to adapt to change. Circa 1992

"...an egalitarian, decentralized system that came to be known as 'the HP Way.' The essence of the idea, radical at the time, was that employees' brainpower was the company's most important resource. ...one of the first all-company profit-sharing plans... gave shares to all employees... among the first to offer tuition assistance, flex time, and job sharing..."

– Peter Burrows, BusinessWeek

"The garage was left behind... So too were the audio oscillator and thousands of other products – all abandoned in the endless pursuit of something better. Only the people remained, and they were cherished and respected..."

– Michael Malone, Forbes

"Somehow, we got into a discussion of the responsibility of management. Holden made the point that management's responsibility is to the shareholders – that's the end of it. And I objected. I said, 'I think you're absolutely wrong. Management has a responsibility to its employees, it has a responsibility to its customers, it has a responsibility to the community at large.' And they almost laughed me out of  the room."
– David Packard, Stanford Magazine

Source: HP Alumni

QUESTION:  Would the late David Packard have treated city employees Steven McInchak, John Hanson, et al. the way the City of Carmel-by-the-Sea, under the mayorship of Jason Burnett, has treated them?

TECHNICAL ADVISORY COMMITTEE (TAC) OF THE MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA) REGULAR MEETING AGENDA & MINUTES August 4, 2014

TAC MPRWA Agenda Packet 08-04-14

AGENDA PACKET, REGULAR MEETING
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
August 4, 2014

Tac Mprwa Minutes 08-04-14

DRAFT MINUTES, REGULAR MEETING
TECHNICAL ADVISORY COMMITTEE (TAC)
MONTEREY PENINSULA REGIONAL WATER AUTHORITY (MPRWA)
August 4, 2014

CITY COUNCIL SPECIAL MEETING AGENDA, Closed Session and Public Workshop, August 4, 2014

SPECIAL MEETING AGENDA

CARMEL-BY-THE-SEA CITY COUNCIL

Closed Session and Public Workshop

Monday, August 4, 2014

Council Chambers, City Hall

East side of Monte Verde Street

Between Ocean and Seventh Avenues

ABSTRACT:  On Monday, August 4, 2014, the Carmel-by-the-Sea City Council is scheduled to conduct a Closed Session beginning at 4:00 P.M. and a Public Workshop (Mid-year review of key initiatives and consider potential action) at 5:30 P.M. The SPECIAL MEETING AGENDA document is embedded.

Special Meeting Agenda 08-04-14

SPECIAL MEETING AGENDA
CARMEL-BY-THE-SEA CITY COUNCIL
Closed Session and Public Workshop
Monday, August 4, 2014