⚠️ Aviso de traducción: Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
⚠️ Este contenido ha sido traducido automáticamente. El texto original en inglés es la versión oficial. La traducción puede contener errores.
Findings and Recommendations 21 findings
F1
In the time period note above, City operations were undisciplined, as City policies were outdated, nonexistent or ignored. With several empty Department director positions, em- ployees worked hard to keep up and paid little attention to standard municipal procedures.
Related Recommendations (1)
R7
The City immediately procure and implement appropriate, full-function financial manage- ment software.
F2
In the time period noted above, there were serious flaws and vulnerabilities in network system security, placing the City at risk financially and legally.
Related Recommendations (1)
R3
The City immediately procure or upgrade to an appropriate IT System and secure the data network.
F3
In the time period noted above, contracts were mismanaged with regard to public bidding, purchase order processing, and services provided with expired contracts.
Related Recommendations (3)
R8
The City review the contract awarding process to ensure that the Carmel Municipal Code provisions are being followed at departmental levels, and that where called for, public bid- ding is used.
R9
The City review (or rewrite if necessary) the purchasing process, to ensure that the Carmel Municipal Code provisions are current, complete, and are being followed.
R12
The City establish a content list for City contract files and assure that such files contain (as applicable): bidding process compliance (RFP); vendor proposal and all attachments; legal review; staff summary report to the City Council; City Council resolution; and where there are contract amendments, all of the foregoing as appropriate.
F4
In the time period noted above, the City Council was not provided with contract payment schedules or accumulated payment tracking reports.
Related Recommendations (1)
R11
The City report periodic payments under contracts to the City Council, in a manner which reflects the total contract amount and total payments to date, as well as the current monthly payment.
F5
In the time period noted above, the Human Resources process was mismanaged with re- gard to pay grades, progressive discipline, and proper staff training, and was lacking in leadership.
Related Recommendations (3)
R4
The City immediately hire an experienced Human Resources Director and fill all open po- sitions as quickly as possible.
R5
The City define and utilize a formal, mandatory progressive discipline system to be consis- tently applied for all employee disciplinary matters.
R6
The City require that all employees undergo formal training, with specific focus on job re- sponsibilities, City policy, and Municipal Code guidance for their specific positions. 23
F6
In the time period noted above, the Public Records Act request process was unstructured, noncompliant, and ad hoc.
No recommendations for this finding
F7
The Mayor and City Council did not fully execute their responsibilities of inquiry and oversight.
Related Recommendations (1)
R2
The Mayor and City Council conduct a structured review of the City’s departments each month, to ensure proper oversight of City operations and more aggressive use of their power of inquiry.
F8
Neither the Mayor nor the City Council members received any formal training or substan- tive orientation on the responsibilities of their positions.
Related Recommendations (1)
R1
The City require all elected officials to undergo The League of California Cities “New Mayors & Council Members Academy” formal training, for each new term of office.
F9
The Mayor and the City Council members were more responsive to political pressure than to the need for effective governance.
No recommendations for this finding
F10
Mr. Stilwell was a well-qualified City Administrator who recognized and diligently ad- dressed widespread City management problems and tried to implement shifting City Coun- cil priorities, maintaining a professional attitude in spite of external pressure and criticism. He may have avoided much of the upheaval surrounding his administration by having a clearer perception of the nature of small-town government and exercising a more thought- ful and measured approach to change.
No recommendations for this finding
F11
Ms. Paul was an experienced Administrative Services Director who quickly recognized areas of mismanagement and risk for the City and implemented solutions within what she understood to be her areas of authority with due diligence and proper municipal procedure. Her decisive by-the-book actions and abrupt manner caused resentment among longtime employees and City residents, which may have been avoided with more sensitivity on her part to the City’s culture.
No recommendations for this finding
F12
There was no credible evidence to support allegations of contract splitting, cronyism or any other wrongdoing under Mr. Stilwell or Ms. Paul. 22
No recommendations for this finding
F13
The General Law/Weak Mayor structure was often misunderstood by Carmel citizens and the City Council.
No recommendations for this finding
F14
The local media provided easy access for City employees to vent their side of a story when the City’s hands were tied by employee privacy restraints.
No recommendations for this finding
F15
The governance and administration of the City is unduly influenced by the reportorial and editorial practices of The Carmel Pine Cone.
No recommendations for this finding
F16
The position of City Treasurer is underutilized and so provides little benefit to the City.
Related Recommendations (1)
R13
The City enhance the role of the City Treasurer such that the position has responsibility in the day-to-day financial management, including tracking the status of all contracts, identi- fying payment overages, and reporting to the City Council.
F17
The City Treasurer was isolated from any meaningful role in the contract/invoice disburse- ments and tracking system.
Related Recommendations (2)
R10
The City adopt a procedure whereby all major contracts are reviewed and signed off by the City Attorney and City Treasurer.
R13
The City enhance the role of the City Treasurer such that the position has responsibility in the day-to-day financial management, including tracking the status of all contracts, identi- fying payment overages, and reporting to the City Council.
F18
There was no evidence of any systematic review of contracts in excess of $25,000 by legal counsel as to form or content.
Related Recommendations (1)
R10
The City adopt a procedure whereby all major contracts are reviewed and signed off by the City Attorney and City Treasurer.
F19
A significant amount of money is spent on outside counsel as it supplements the City At- torney position in numerous matters including but not limited to labor and employment concerns, public records requests, general business and facilities, joint powers agreements, municipal law, and miscellaneous lawsuits.
Related Recommendations (2)
R14
The City make the City Attorney position a full-time City employee requiring meaningful experience in the areas of contracts, employment law, and Public Records Act requests, as well as municipal law.
R15
The City Attorney manage the selection, and oversee the engagement of outside legal counsel, including the review and approval of their billings.
F20
Historical averages of amounts spent on outside legal services over the past five years would support a full-time City Attorney and staff where such attorney would have experi- ence in contracts, employment matters, and Public Records Act requests, as well as munic- ipal law.
Related Recommendations (1)
R14
The City make the City Attorney position a full-time City employee requiring meaningful experience in the areas of contracts, employment law, and Public Records Act requests, as well as municipal law.
F21
The City Council seriously failed to exercise its power of inquiry in its decision-making process regarding rehires, by excluding the City’s outside defense counsel from the process and by negotiating hasty settlements of claims in the early or pre-litigation stages, which precluded any meaningful scrutiny of these employment issues.
No recommendations for this finding
Conclusions 1
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CL1The 2014/2015 Monterey County Civil Grand Jury was asked by the Mayor of Carmel to review the City’s policies and internal controls and to make recommendations. In addition, a formal Citi- zens’ Complaint was filed requesting that the MCCGJ examine City governance and failed over- sight. This Report is as comprehensive as possible, given the constraints of time and resources, and the systematic lack of cooperation by the City. However it could not purport to address all the complaints, issues and problems of Carmel-by-the-Sea’s management and governance. 21
Agency Responses 1
Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.