The Pacific Grove City Council will consider hiring the current assistant manager of Marina, Matthew Mogensen, as the town's permanent city manager at its council meeting on Wednesday, April 17. If the council votes to approve his hiring, Mogensen will begin the job on May 6.
Mogensen has served as Marina's assistant city manager since 2018. Before that he worked for the City of Fountain Valley since 2008, first as an assistant to the city manager and then as the city's planning and building director from 2015-2018.
If hired, Mogensen will step into what has been, and continues to be, a rocky time for P.G. City Hall. The last permanent city manager, Ben Harvey, was often criticized by Mayor Bill Peake and other councilmembers, especially Councilmember Luke Coletti.
The conflict between the city manager and councilmember resulted in Harvey filing a complaint in 2022 against Coletti for mistreatment of employees. All three of Harvey's allegations against Coletti were substantiated by an investigator hired by the city. Last July Harvey and the council agreed to part ways. The city hired an interim city manager, Robert Perrault, until a new permanent manager could be found.
At least three other employees have filed complaints against Coletti, but so far the complaints have only been discussed in closed session. It's unknown how exactly how much the city has spent on investigations. A few employees have left the city to work elsewhere.
In addition, sources say employees were angered by a proposed ordinance put forward by Coletti regarding "inquiries" put to staff by councilmembers. Coletti has maintained that the ordinance was merely to "codify existing law." Employees worried that it would subject them to further mistreatment.
A revised version of the ordinance was passed by the council on April 10 with a vote of 5-2. Councilmembers Joe Amelio and Chaps Poduri voted against it.
If Mogensen's hiring is approved, he will draw an annual salary of $251,680, with a benefits package of approximately $41,000.
The council meeting at 6pm, Wednesday will be held inside P.G. City Hall, 300 Forest Ave. It's also available virtually. Instructions on how to participate are available on the meeting agenda here.
(2) comments
Link to my initial December 6, 2023, version:
https://destinyhosted.com/pacifdocs/2023/CC/20231206_1854/4413%5FAR%5FAttachment%5F1%5F%2D%5FProposed%5FOrdinance%5FCouncil%27s%5FInquiry%5FAuthority%2Epdf
Link to final April 10, 2024, version:
https://files.cityofpacificgrove.org/Document_Center/Resolutions%20&%20Ordinances/Ordinances/2024/24-005%20Council%20Inquiry%20Authority%20Ord.pdf
“Councilman Luke Coletti said his intention with the ordinance was to make it clear that “the city council has the same rights as the general public” which “includes free speech without fear of retaliation to engage the government.””
Ordinance Finding 5: “Article 21 allows direct contact with the administrative service for the purpose of inquiry. The purpose of Article 21 is to define the lines of authority within city government, not to prohibit protected speech. Interpreting Article 21 to prohibit "orders" to members of the administrative service is a bright line consistent with the purpose of Article 21 and the First Amendment. “Council members “‘are entitled to speak as they please on matters vital to them; errors in judgment ... may be exposed, of course, but not through punishment for contempt for the expression.’” (See Levy v. City of Santa Monica (2004) 114 Cal.App.4th 1252, 1262, quoting Wood v. Georgia (1962) 370 U.S. 375, 389.)”
Ordinance Finding 6: “Council members have First Amendment protection when they comment individually, or respond to inquiries from the public, about the City's actions. Under the First Amendment, “‘legislators “are given the widest latitude to express their views” and there are no “stricter ‘free speech’ standards on [them] than on the general public.’” (See Levy v. City of Santa Monica (2004) 114 Cal.App.4th 1252, 1261, quoting Eller Outdoor Advertising Co. v. Board of Supervisors (1979) 89 Cal.App.3d 76, 80.)””
Ordinance Finding 11: “Amending the Municipal Code to clarify the meaning of Article 21 and to authorize preparation of a city council policy establishing procedures and guidelines for submitting inquiries to members of the City’s administrative service is consistent with the City Charter, the California Public Records Act, the First Amendment, and related published case law; assists City elected officials in conducting oversight of the City Manager and City operations; and promotes clarity regarding Pacific Grove’s Council-Manager form of city government, as established under the City Charter.”
Ordinance Subsection (d): “An inquiry that communicates a grievance against the government of the City is protected by the First Amendment.”
Link to adopted ordinance - Codifying Council’s Inquiry Authority:
https://files.cityofpacificgrove.org/Document_Center/Resolutions%20&%20Ordinances/Ordinances/2024/24-005%20Council%20Inquiry%20Authority%20Ord.pdf
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