If only water projects or hospital mergers moved as fast as performance reviews of the officials assigned to run them, things might get done faster.
Ever since revelations about the county's high number of performance evaluations (closed-door meetings to review employee progress toward goals) came to light after concerned citizens counted them—58 last year, to be exact—and got ahold of a leaked document implying policy discussions might be underway during performance evaluations, there's been lots of scrutiny over what actually happens during performance evaluations.
Yesterday, County Counsel Charles McKee asked District Attorney Dean Flippo to investigate whether the performance evaluations under fire adhere to California public meetings laws, known as the Brown Act.
"In response to these allegations, I believe that an independent review and legal opinion of these issues by the District Attorney is appropriate," McKee said in a statement.
Besides the requested criminal investigation, the matter is also going to play out in civil court. Activist group Save Our Peninsula Committee filed a lawsuit Monday in Monterey County Superior Court asking the county hand over records pertaining to the performance reviews. The group had requested such records through a California Public Records Act request (the Weekly has a pending PRA request on the same subject).
Unless documents from the performance evaluations are made public, "Plaintiff and the public will continue to suffer irreparable injury resulting from the improper conduct of the people's business in closed session," according to the lawsuit, filed by attorney Richard Rosenthal of Carmel Valley.
In a PRA request, Rosenthal had sought the agenda and minutes of closed session performance evaluations of Monterey County Water Resources Agency General Manager David Chardavoyne.
A leaked agenda from a Nov. 5 closed session performance evaluation indicates that Chardavoyne might have been presenting on matters of policy pertaining to Salinas River water rights, which the county won the right to keep on certain conditions.
The state had threatened to revoke the water right, originally granted under Permit 11043, because it had gone unused for decades; a new MCWRA committee is at work on developing plans for how to divert the water.
Bullet points on Chardavoyne's presentation show "Assessment of all Permit 11043 Projects" including engineering, cost estimates, and environmental considerations; "discussion of potential sources of revenue"; "Risks associated with failure to meet Permit 11043"; and other issues related to the MCWRA's efforts to meet the conditions of the permit.
In a separate PRA, Rosenthal sought records pertaining to reviews of the other county staffers who report directly to the Board of Supervisors.
According to Rosenthal's count, there were 16 such evaluations of McKee; eight of County Administrator Lew Bauman; 15 of Natividad Medical Center CEO Harry Weis; seven of Equal Opportunity Officer Irma Rodriguez-Bough; and six of Chardavoyne.
"As public servants, we are open to legitimate criticism of the manner in which we execute our obligations because we work under the public trust and public microscope,"McKee said in a written statement.
(6) comments
If the DA does a legitimate investigation they will look beyond just tend water issue. This abuse of the Brown Act behind closed doors has been going on in other area as for a very long time. Look at redevelopment, garbage contracts, and general planning decisions over the last few years as a starting point to see just what has been hidden from public view and comment. It's the culture that has to change and where has Jane Parker been for the last five years? She ran on an open government platform and is just now getting a conscience!!! Time to take back County government.
As I have observed this charade unfold over the last 10 days, or so, I find myself in disbelief. The Board of Supervisors behavior in this matter is so far out of the box it is laughable and yet their defense is worse. Look at the chain of recent events. The papers printed the 3 page slide presentation of the November 5, 2013 "performance evaluation" of the water resource GM. I am far more annoyed by the fact that the BOS and McKee continue to insist they did nothing wrong than the actual crime they perpetrated. The lack of character and judgment being displayed by our elected leaders is shocking.
What was Parker thinking with that lame excuse for an explanation that appeared on Sunday and again in the Californian? And Ken Ekelund, where the heck did Potter find him? The arrogance and lack of an ethical center for these folks is palpable and the dismissive nature of McKee is very upsetting. I would like to remind these folks they work for us, not the other way around.
And I had one other thought, (dangerous)...Weis had 7, I believe, evaluations, just at the time that the Board and SVMH were considering a merger...Coincidental??? Would love to see what McKee releases on these weeks, or to put it another way, what was said in terms of policy discussion, and what type of material are present...My prediction....NOTHING...Bring on the AG...Let the Law suits prevail...
It appears to me that Dave Potter is the ringleader and the rest of the Supes are myrmidons. McKee has changed his tune now that the wind has shifted. His guest column in the Herald was arrogant and condescending. I hope this at least gives them pause about doing any more nefarious activities.
On the other hand, it's difficult for people to pay attention to what they are doing when they engineer meetings with times when ordinary people are working and agendas that are nebulous. And when people DO participate, they are called NIMBY's (and worse) by this publication and others.
At no level of management practice does this "performance evaluation" scandal make sense. How can the Board of Supervisors condone such activity? We are going to spend County resources to have the District Attorney, the BOS lapdog investigate? If the BOS wants credibility they should immediately ask the Attorney General to appoint a special prosecutor and open up the damn books. Let's find out what is wrong and fix it, the DA investigation will only be a further County embarrassment and we will end up with the AG anyway.
Where is the leadership of the BOS in this matter? Where the hell is Parker, Simon Salinas or Armenta? We know Potter has no ethical fiber so I expect this behavior from him, but what about the rest? This is only going to get worse, fix it now!!!!!
Well, what do you know..they got caught with their hand in the cookie jar...Now the magnanimous McKee invites (under extreme pressure, because the BOS is mightily suffering from the NEGATIVE publicity of all this) the DA to examine the situation..Talk about the "fox in the hen house, because the BOS and DA's office sleep together and the Board doesn't fear this at all. I'm sure their direction to Charles was to just make this all go away...And I predict that the most that Spitz will come up with is a slight tap on the wrist you bad boys and girl, stop it right now and change your policy...This needs to go to the Attorney General where McKee can't claim "privilege" on requested info....
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