HomeMy WebLinkAboutSupplemental Information Received During Closed Session Oral CommunicationSeal Beach City Council
c% City Clerks Office
2018 1h Street
Seal Beach, CA 90740
October 24`x', 2016
RE: Closed Session Oral Communications, Agenda Item A — Government Code 54957.6,
Department Head Contracts
Mayor and City Council,
There has been a troubling series of events recently regarding Department Head
contracts, which has only now snapped into place for me. I had understood several months ago
that contracts were handed off from the City Manager to the Assistant City Manager for
negotiation and handling. Initially, this seemed merely to be an administrative change with the
City Manager delegating tasks. I had sought to have a separate meeting with Patrick Gallegos to
determine this change in process, and have my normal meeting with Jill, as I have done so for
some time.
1 had originally had a confirmed meeting on August 25'b, which was cancelled on the 22nd
by Dana Engstrom. During that time until my next meeting, a great deal happened: the Arts &
Crafts Faire, several meetings of organizations, the non - disciplinary, paid administrative leave of
Chief Joe Stilinovich and other items. I had a productive and positive meeting with Jill on
October 4'h, to which Patrick unexpectedly attended. I did not have any questions for Patrick,
except about Republic Services trash contract, which was something I thought I should address
to Patrick. A number of action items were determined from the meeting and it concluded in a
very positive manner, I was surprised at Patrick's appearance, but dismissed it due to City
Manager Ingram's engagement and clear, positive outlook. I thought things were fine.
What is troubling is now I am unclear about the timing and intent of putting Patrick in
control of the process of both Department Head contracts, which 1 believe are currently expired
and not fully in force (I could be wrong); while at the same time Patrick is also the lead for the
3`d party investigation into Chief Joe Stilinovich.
I bring it up because there continues to be a lack of clarity about the process to the public.
When the findings are determined will Patrick be the one to determine discipline for Chief
Stilinovich or will it be City Manager Ingram? If Chief Stilinovich's Skelly Hearing is made to
the next level adjudicating body, could that be City Manager Ingram? If so, does that present a
conflict of process or procedure? I am not an attorney, nor am I attempting to make a legal
argument, as I am simply trying to understand the process. I believe the public needs a better
understanding of the process. We have a highly engaged community which is confused about a
great many things. It is in your hands to clarify it through direction to the City Manager or City
Attorney.
Pursuant to Government Code Section 3304(d), "an Internal Affairs investigation must
generally be completed within one (1) year from the date the Department is made aware of the
allegations giving rise discipline." Furthermore, my understanding about a Skelly Hearing is "a
`Skelly' is a hearing which must be provided to an employee prior to the imposition of discipline.
Generally, Skelly's must be provided in the case of termination, demotion, suspension, reduction
in pay and transfer with an accompanying loss in pay. An employee's Skelly rights entitle the
employee to due process consisting of: (1) notice of the intended disciplinary action; (2) a copy
of all materials upon which the action is based (including material which was available for
review by the individual responsible for imposing discipline, regardless of whether such
information was, in fact, reviewed); and, (3) an opportunity to respond orally or in writing to an
impartial reviewer prior to the effective date of the disciplinary action. Pursuant to State
Personnel Board Rule 52.3 an employee must be served with a Notice ofAdverse Action at least
five (5) days prior to the effective date. The `Skelly' Of must have the authority to mods (ar
at a minimum recommend modification) of the adverse action."
Based on this language, it seems like there would be a need to understand who is the
"authority" beyond the initial findings and subsequent action. Perhaps it is to the City Council,
except the Council is strictly prohibited from interfering in personnel matters based on City
Charter. So who is the "impartial reviewer ?" I submit to you it seems doubtful that the public
would perceive the City Manager as impartial, as it was she who originally placed him on leave,
and then a further press release, which seemed to have no clarifying information other than to
add four words, "serious allegations of misconduct," and attach them to Chief Stilinovich's good
name.
Again, in no way do I wish to suggest there is a flaw in the process, or those
implementing it, I am merely relating my experience for your benefit and in a desire to see a
clear, unbiased due process. Right now there is a great deal of unrest and fear about the
suspension of Chief Stilinovich and the process. I want to have confidence in the process and
thereby humbly request that it be clarified in some further way.
Sincerely,
e A. a er
201 1 1'" Street #6
Seal Beach, CA 90740
- U
it
woo
I as�m)
in
I
a(l,
MWIN
1j
in
Oran
1OW4