CARMEL >> The Monterey
County civil grand jury has received permission to look at the personnel files
of seven Carmel employees in its investigation of city operations during the
tenure of former city administrator Jason Stilwell.
The city had been resisting the
grand jury’s request for the files, citing the employees’ right to privacy
under the California Constitution.
Last month Monterey County
Superior Court Judge Lydia Villarreal ruled that the grand jury must present
sufficient cause in her chambers why it needed the files. That ruling came
after Carmel City Attorney Don Freeman’s move to quash the grand jury’s
subpoena for the files.
The request for the files came
from Louis Panetta, chairman of the grand jury’s Carmel investigation
committee.
On April 8, Villarreal denied
the city’s move to quash the subpoena and ordered the city to turn over the
files within a week. They were delivered on Wednesday.
Freeman had argued that the
California Constitution guarantees city employees the right to privacy and
cannot be violated by a grand jury.
The grand jury, represented by
Deputy County Counsel Leslie Girard, argued that the grand jury has the right
to see any records.
Villarreal said her ruling
involved finding a balance between the employee’s right to privacy and the grand
jury’s role as government watchdog.
Freeman requested that if the
personnel files were released, anyone reviewing them would have to sign a
protective order ensuring the files are returned to the city and that any
copies be destroyed. Villareal granted Freeman’s request.
“The city’s concern,” Freeman
said, “was protecting the integrity of the process.” Now that the issue is
resolved, he said, “It’s a win-win for the employees, the city and the grand
jury.”
The grand jury requested
information from the personnel files of Margi Perotti, Leslie Fenton, John
Hanson, Art Black, Tim Meroney, Susan Paul and the late Steve McInchak.
McInchak, the city’s former IT
director, was placed on administrative leave with pay while he was being
investigated by the Carmel Police Department. The investigation was dropped and
he was not reinstated. He sued the city but died last October of a heart attack
at age 63. A judge has ruled that his widow can pursue the lawsuit.
Paul, former administrative
services director, left the city last fall. Hanson, Fenton and Perotti were
fired and rehired. Meroney and Black left their city jobs.
In November, Carmel Mayor Jason
Burnett requested a grand jury investigation of the city, as did a group of
Carmel residents.
The investigation stems from a
series of events during Stilwell’s administration. Longtime employees were
fired or put on administrative leave with pay. There were questions about
overpayments to city contractors and lawsuits and grievances filed by city
workers.
Among the complaints the grand
jury is looking into are cronyism, unfair treatment and termination of workers,
lack of transparency and non-responsiveness to Public Records Act requests;
loss of institutional memory and deterioration of city services; and fiscal
irresponsibility regarding legal exposure and expenses.
Stilwell resigned in October
and is now working for the city of San Luis Obispo.
The grand jury is expected to
release its report on June 30. It’s recommendations are nonbinding.
April
19, 2015
Monterey
Herald
By Tom Leyde
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