HomeMy WebLinkAbout2021-08-30; Fourth Notice of Suspension from the Carlsbad Senior Center; Chadwick, ScottTo the mE!mbers of the: ,,JIT'f COUNCIL
Date�CA_!__CCi
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August 30, 2021
cil Memorandum
To:
From:
Re:
Honorable Mayor Hall a
Scott Chadwick, City Ma ag
Fourth Notice of Suspen
{city ofCarlsbad
Memo ID #2021166
This memorandum is to advise the City Council of a fourth suspension from the Carlsbad Senior
Center of Ms. Mary Lucid, effective immediately.
Background
Ms. Lucid has been suspended from the Carlsbad Senior Center and Pine Avenue Community
Center (collectively "Senior Center") three times since 2019 for her failure to adhere to the
posted Senior Center Rules of Conduct and to the city's Respectful Workplace and Non
Discrimination Policy.
Discussion
Due to continued violation of the Senior Center Rules of Conduct and to the city's Respectful
Workplace and Non-Discrimination Policy, Ms. Lucid is now being suspended a fourth time, for a
period of six months. During that period, Ms. Lucid will not be allowed to enter or use the
Carlsbad Senior Center or the Pine Avenue Community Center. This suspension does not apply to
Ms. Lucid's communications with the City Council, Public Records Act requests, or
communications unrelated to the Parks & Recreation Department.
Next Steps
Should Ms. Lucid violate the suspension, the city will take any and all legal actions available to it,
including but not limited to, increasing the suspension period, citing for trespass, and/or seeking
an injunction against her. After the suspension period, Ms. Lucid is welcome to return to the
Carlsbad Senior Center if she can abide by the Senior Center Rules of Conduct and the city's
Respectful Workplace and Non-Discrimination Policy.
Attachment: A. Fourth Notice of Suspension from the Carlsbad Senior Center
cc: Geoff Patnoe, Assistant City Manager
Celia Brewer, City Attorney
Public Works Branch
Transportation Department
1635 Faraday Avenue I Carlsbad, CA 92008 I 760-602-2757 t
.,.
August 30, 2016
Via Personal Delivery
Ms. Mary Lucid
3229 Mission Cove Way #334
Oceanside, CA 92054
{'Cityof
Carlsbad
FOURTH NOTICE OF SUSPENSION
FROM THE CARLSBAD SENIOR CENTER
EFFECTIVE IMMEDIATELY
Ms. Lucid:
You have been previously suspended from your use of the Carlsbad Senior Center and Pine
Avenue Community Center (collectively "Senior Center") three times due to your failure to ·
adhere to the posted Senior Center Rules of Conduct (Attachment A) and to the city's
Respectful Workplace and Non-Discrimination Policy (Attachment B). First, on February 26,
2019, then on April 23, 2019, and again on September 24, 2019 (Attachment C). Since the end
of your third temporary suspension on May 27, 2020, I have continued to receive reports about
your bullying and harassment of City of Carlsbad employees. Universally, these complaints state
that you are rude, hostile, and deme~ning towards city employees'.
Your conduct continues to violate the city's Respectful Workplace and Non-Discrimination
Policy and Rule 4 of the Senior Center Rules of Conduct. Rule 4 prohibits, "[threatening],
disturbing, offending, intimidating, or harassing others, including staff. (California Penal Code
602.lb)." These rules are designed to maintain a harassment free workplace for city staff and
the public. Your conduct undermines the city's compliance with this policy. Your conduct also
consumes limited staff resources and negatively impacts morale.
Examples of violative conduct you have engaged in since your third suspension ended include:
• Over the course of the past few years, you have repeatedly asked city staff to provide
· Wii Bowling and Zentangle classes at the Senior Center. The city offered the Zentangle
class, which you did not attend. The Wii Bowling class was cancelled due to zero to low
Office of the City Manager
City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t
Ms. Mary Lucid
August 30, 2021
Page 2
attendance, which we explained. Nevertheless, you persist in aggressively engaging with
and berating city employees over the topic.
• On August 10, 2020, you drove to the city's COVID-19 emergency meal pick-up line in
the Senior Center parking lot, where you parked and exited your vehicle. An employee
explained that you were required to remain in your vehicle. You returned to your
vehicle, but exited a second time, then approached an employee and tried to hug her.
The employee reiterated the need to keep physical distance, but you continued to
invade the employee's personal space while aggressively questioning and bullying her.
• On November 23, 2020, you emailed Recreation Services Manager Mike Pacheco, in
part,
I also was surprised that you told me I was "disrespectful" to the current senior
center manager for calling Margaret Hamer/ Maggie Hammer after Director
Kyle Lancaster told me not TO DO that! It is 'kinda cute' that you believe the
Director Kyle Lancaster { who I respect for his work ethic if not his common
sense problem solving ideas} has the authority or special relationship with me
to have the right to give me unsolicited advice. We do not have a long standing
relationship ---he is not my father, brother, significant other, friend or Boss.
He did not Ask me if he could comment on what he perceived to be disrespect
to your choice of a senior center mgr.!
• On March 16, 2021, you emailed the Parks & Recreation Director, in part,
Lastly, how can your staff fail to make Wii Bowling fun so that [Margaret]
Hamer has an [e]xcuse to cancel this program claiming poor response? This is
a popular program for most seniors??? Where is the Fun. Are seniors being
discouraged and/or Limited in enjoying their center so staff doesn't have to
work so hard? Management's attitude appears to be " We tried and it did not
work out a,nd we do not know why nor did we ask seniors why ---we just
cancelled it without doing anything!!!! Do you not want happy senior citizens
roaming the halls and Connecting with staff and other seniors?
• On May 6, 2021, you emailed the City Manager, in part,
[Margaret] Hamer decided to use that orie time event to Ban or Cancel the
grill! She has been called 'nervous' by another Senior Center manager! She
took that one incident and used it as an excuse to get rid of the grill! There
are q>oking classes that could teach grilling! That class might attract niore
men into the Sr. Ctr.! Does having more men enjoy the Sr. Ctr. make M. Hamer
nervous? Is she there to wisely manage the assets or is she there to make
decisions based on the Staff comfort level? I see no leadership choices to
benefit seniors and enrich the seniors experience at the center!
Ms. Mary Lucid
August 30, 2021
Page 3
• On July 30, 2021, you brought and distributed salads to other seniors in violation of the
Senior Center's rule against outside food. You were advised that outside food is not
allowed because of health and safety concerns and that if you violated the rule again,
you could be suspended from the Senior Center.
• August 10, 2021, you again brought outside food into the Senior Center and were
warned no outside food is allowed. You continue to contact numerous city employees
aggressively demanding the policy be changed while insulting staff and making baseless
accusations.
• On August 13, 2021, you aggressively approached Recreation Area Manager Margaret
Hamer in the Senior Center and began filming her. Multiple persons asked you to stop,
but you aggressively followed the employee around the room while filming her as the
employee retreated from you. Your conduct was harassing and intimidating and
prevented the employee from being able to perform the work to which she was
assigned.
• On August 25, 2021, the city received complaints from members of the public that you
were disrupting activities in the Senior Center by going in and out of rooms and shouting
negative comments about the facility. You were rude and demeaning to an employee by
referring to him as "someone who does nothing for seniors." You also attempted to hug
a member of the public who expressed that she did not want to be hugged.
As a result of this conduct, per the Senior Center Rules of Conduct, YOUR PRIVILEGE TO USE
THE SENIOR CENTER IS HEREBY IMMEDIATELY SUSPENDED FOR A PERIOD OF 6 MONTHS. The
6-month period begins on the date of this letter. During the suspension period, you Will not be
allowed to enter or use the Carlsbad Senior Center or the Pine Avenue Community Center. If
you engage in any similar behavior anhe Library or Cultural Arts Department facilities or other
Parks & Recreation Department facilities, these facilities will be added to those from which your
use privileges are suspended. If you violate this suspension, the city will take any and all legal
actions available to it, including but not limited to, increasing the suspension period, citing you
for trespass, and/or seeking an injunction against you.
In addition, effectively immediately, the city is instituting the following protocol for future
communications with you regarding the Parks & Recreation Department:
The purpose of this protocol is to preserve limited staff resources and protect
Parks & Recreation Department employees from further violations by Ms. Mary
Lucid of the Senior Center Rules of Conduct or the city's Respectful Workplace
Policy and Non-Discrimination Policy.
Ms. Mary Lucid
August 30, 2021
Page 4
Effective August 30, 2021, Ms. Lucid shall send all comments, questions and
concerns regarding the Parks & Recreation Department in writing to Recreation
Services Manager Mike Pacheco, available at Mike.Pacheco@carlsbadca.gov. No
other city employee will respond to Ms. Lucid's communications regarding the
Parks & Recreation Department.
Mr. Pacheco will only respond to Ms. Lucid via email or letter. No phone calls will
be accepted. Mr. Pacheco will not respond to any communications from Ms. Lucid
which violate the Senior Center Rules of Conduct or the City's Respectful
Workplace and Non-Discrimination Policy, or for which a response has been
previously provided.
When Ms. Lucid is present at city facilities, city employees will continue to be
courteous and professional. However, if Ms. Lucid has any comments, questions,
-or concerns about the Parks & Recreation Department, including Senior Center
" policies or services, emptoyees will not respond, but may refer her to Mr. Pacheco.
This protocol does not apply to Ms. Lucid's communications with the City Council,
Public Records Act requests, or communications unrelated to the Parks &
Recreation Department.
You have the right to contact the city and express your opinions; however, conduct which
violates the city's Respectful Workplace Policy, or any Rules of Conduct of any city facility, will
not be tolerated.
During this fourth suspension, we again ask that you take all actions necessary to correct the
conduct that has led to your suspension. After the suspension period, if you can abide by the
Senior Center Rules of Conduct and the city's Respectful Workplace and Non-Discrimination
Policy, you are welcome to return to the Senior Center. Meanwhile, please comply with the
above-described protocol and address all future c m nications regarding the Parks &
Recreation Department to Mike Pacheco, who ma be r ached via email at
Mike.Pacheco@carlsbadca.gov.
Attachments:
Scott Chadwick
City Manager
Attachment A: Carlsbad Senior Center Rules of Conduct
Attachment B: City of Carlsbad Respectful Workplace and Non-Discrimination Policy
Attachment C: September 25, 2018 Notice to Cease and Desist
February 26, 2019 Notice of Suspension
Ms. Mary Lucid
August 30, 2021
Page 5
April 23, 2019 Notice of Second Suspens ion
September 24, 2019 Notice of Third Suspension
December 13, 2019 Follow-up to Third Notice of Suspension
January 14, 2020 Notice of Reinstatement of Third Suspension
May 27, 2020 Notice of End of Third Suspension
cc: Mayor and City Council
Celia Brewer, City Attorney
Gary Barberio, Deputy City Manager
Kyle Lancaster, Parks & Recreation Director .
Carlsbad Senior Center
Rules of Conduct
To keep the Senior Center safe and pleasant for everyone,
1bc following activities and behaviors are PROHIBITED:
1. Smoking in the Senior Center (Carlsbad Municipal Code 6.14.030).
2.Soliciting <'>r panhandling either inside the Senior Center or on surrounding
City Property (California Penal Code 647(c).
3. Assault on patrons or staff { California Penal Code 242).
4. lhrcatening, disturbing, offending, intimidating or harassing others, including
staff (Califotnia Penal Code 602.lb).
5. ~n1eft, abuse, vandalism or mutilation of Senior Center facilities, equipment or
materi.als (California PenalCode490.5 &594).
6.Misusi11g restrooms for purposes of bathing or washing clothes.
]; Being in tht! Senior Center without wearing shoes and a shirt.
K Bringing animals into the Senior Center except those certified to assist a patron
wtth a disability.
9; Lying on the floor or sleeping.
10. Bringing luggage, bedrolls or large containers unrelated to Senior Center use.
Any items not prohibited should not block aisles or seating areas.
· • 11. Use of cell phones that disturb others.
12_, Boday hygiene that is offensive and disturbing to others .
.. <~:_'': /,~,~'.)
f
. Pe.r.rom who viol11te tht'se rul1!s will he as!ud to stop such actions and 11117:y he asked to
leave the Se11ior Ce11te1: A~rsistmt ·violatio11s ~{these rules inilyalw result in .wspen.iio11
if Senior Center privileg.tis. Suspen.ritmswillbefor a de.finite time period; not to exceed 12
moilths. 'Jhelmgih ~fa SILfpmsion wil~bi! determi11edbytht' Recrt!atio11 Area 1\1a11ager or
I
,.--. _ _ -· __ ___ _ . ot h,z .. rlfflj[l:!jlf.fd .f.!Jiff..P.2.li!:r '!l!}I/ (1t•_c,1lkdJ11 _cti~:ti,z!.f 11-~L~r.lw1l5!f Q{(?ti ()JXTTACHl\iENT A
ADMINISTRATIVE ORDER NO 45 (REVIS:ED.)
This order supercedes Administrative Orders 45' and 56
TO:
FROM:
ALL DEPARTMENTS
CITY MANAGER
RESPECTFUL WORKPLACE& NON-DISCRIMINATION·:POLICY . -. . . . . . ( -
PURPOSE.
In harm~mywith the. City'~ missio11. to provide top-~qualiiy se~foethatenhances the'
quality of life for all who live, ·work, and play in C~lsbad, ~¢ Cfty is: coh1idittecl tp
maintaining_a workplac¢ that respects all individuals and is fr~e frQin dfsCfmlinatio11 ~d
harassment jn. any form. This po&-y C>utlines: I) the behaviors, practices and actlvfties
that are expect~ jn tl11? Workplace~ 2) the responsibilities of employees, ,. _
managersl.supe~or:S Jmd th,e lfmn1Ul ll~ources .Pepartment; and 3) the actions that will
be talcen t9 ensure this policy is affirmed, _ -
PQLICY:
• The City vttlues :a<1ivel'$e-worlcf.orce aild if:l. committed to provi<Eling. equ.u e.µJ.ployment
oppo~ty to all ~pplic~ts and employees regatdiess ofrace, .$ex, religious creed,
-color; natfona.l pri:ghi or an~estcy-, physi:sltl or men~i dis.ability,. medical-conditio~
marital status, veteran ;s status~ age or $eXU-al drientadon. This commitment appiies to
all person;nel a9tions., ini;Jucimg_~ut-not Jimi~ed to COJllp,ens?,tion. b~n~fi.ts, tei;ins and
ctjrtoitions of empU,yment, opportunities for promotion. ttaitiit1z: mci developltient,
transfer,. and. other privileges of employment.
• The City al;so _values respec.tfulness,. collabor~on. i¢d teanrwor.k in th;¢ workplace
and prohibits any fom;'l of-discrimination and harassment that wQuld otherwise
conflict with these val1.1,,es; Any applicant, official or contraqtor found in violation of
this policy will be Silbject to appropriate sanctions. Any employee or offiGet found Ill
·violation Qf this policy will be subject tt? disdplinmy action 14' io tmd iriciudlng
~rn:rination. · ·
• To ensure-that the City'-t; respectful workplace is presezv-ed, a ti~Iy c-omplaint
procedure to report violations ~f thi?' p~>l:jcy _i$ l;!v.arla,bl~ t_o flll individuals. Human
Resources is re:spri.w,ible for .administering this comp14int procedme. including
authorizing and/or conducting an investigation and, in co.QSultation · with the affected
dvpartment, recommending d.JSeiplinarjr action com.mensur-a;te with the. severity of the
offense and otlier appropriate remerual ~ction.
ATTACHMENT B
I
:RESPONSIBILITIES
All City Employees:
• Model behavior that respects all individuals in the workplace and that complies with
the principles and spirit of this policy. ·
• Report any act that he/she believes in good faith constitu,tes harassment or .
discrimination, as defined here, to management o~ to the Human Resources
Department.
• Maintain confidentiality in any investigation that the City conducts by not disclosing
the substance of any investigatory interview, except as directed by the Department
Head or Human Resources.
• Co.operate fu1Iy with the City's investigatiOJl into alleged violations of this policy by
resppnding fQlly and truthfully to all qn.estions posed during the investigation.
Management and·supervisoryEmployees (including Officers and Officials):
• Be laiowledgeable about this policy and model behavior that respects all individuals
in the workplace and comp1jes with th1;: principles and spirit of this policy-.
• Inform and comnnmicate this policy to your employees, answer any questions and
provide guidance to ~mpJoyees regarding appropriate behavior in the workplace.
• Be proactive fu monitoring yolir work environment and take immediate appropriate
action to stop potential violations, such as removmg inappropriate pictures and ·
correcting inappropriate language. -· ·
• Ta.lee complaiirts of discrimination and harassment ·seriously by immediately dealing .
·. with the SI.tuation, listening to the. complaint, assuring the victim of protection against
reprisals or retaliation, and immediately reporting the complaint to your Department
Head .and Human Resources for further actiori.
• Implement appropriate-discipline and ~emeclial action after the .investigation.
Human Resources Department:
• Ensure that all employment decisions and practices comp]y with this Administrative
Order.
• Communicate the policy ofrespectful workplace, non-discrimination and equal
opportunity employment through internal and external postings on official bulletin
boards, in employee orientations, in training, and through ·other employment
documents.
• · Provide guidance and training to managers and supervisors regarding their
responsibilities as outlined :in this Administrative Or~er. .
• Admini~ter the complaint procedure, including authorizing and/or conducting
investigations and in consultation with departments, recommending disciplinary
action commensurate with the severity of the offense !iJDd other remedial action.
2
DEFINITIONS:
Below are definitions ofwotds or phrases that will help you to understand thfo pqlicy.
Many of these defmitions occur in the law .and are spelled out in <let.ail to .ensw;e that
specific behaviors that have legal consequences are clearly understood .
.Respectful Workplace ni.eans a work environrne}lt in which' all individuals treat one
another in a courteous, honorable and esteemed manner. Behaviors that promote tl:i.e core
competencies of effective teamwork, collaboration, leadership and quality cu,stomei
service will be the standards by which all employees will be c:;:valuated;
Protected Classifications identified in the law include: 1) ~ individual's sex, race,
religious creep, colpr, natjqnal origin,or aj].-pestzy, physical or mental disability, megfoal
condition; marital status, veteran's status, age or se:x:pal orientation (heterosexual,
homosexualorbisexual); 2) an i.ndividuai who is perceived to have a protected
classification; and 3) an individual who associates. with a person who has or is perceived
to have a protected classification. ·
Discrimination: 'l'he result of llII-action(s) ~tnegatively and unfairly imp.acts an
individual or group of incl1viduals b~ed on their ptote¼ted classification. ·
Harassment: is a form of discrimination. Depending on the oircwnstances, a single act
of ha:rassinent-or a series of acts, as defined below, can violate this AQij}inistrative Order.
Verba-J.Hara.ss,nent mcludes epithets, jokes; comments, or slurs that identify a
person on the basi$ of his/her pi:i'>tected classlfication, intimate or other
nicknames, comments on appearance-including dress or physical features-or
stories that tend to disparage:tbose within·aprot-ected classification.
Visual Forms. of.f[arassment include gestures, posters, notices, bulletins,
cartoons, pictures or drawings that tend to disparage those within a protected
ciassification. · ·
.Physical Harassment includes assault, impeding or blocking movement,
physically interfering with normal work or movement, pinching, gral>bihg,
patting, propositioning, leering, making expres~ or implied job threats or promises
in retlitn for submission of physical acts, mimicking, stalking or taunting.
Sexu~ Harassment includes unwelcome sexual advances, requests for sexual
favors or other verb!:!-1 or physical cpnduct of a sexu;:il nature directed at an
employee which is presented as a condition of an employment benefit,
unreasonably int~rferes with. ;m inclividual's work performance or creates a
hostile, intimidating or offensive work environment.
3
Guidelines for Identifying Harassment:
l . Behavior is unwelcome and which fa taken because of a recipient's protected
•classification.
2. The behavior is measured from the totality of circumstances, including the nature
and :severity of the conduct, frequency of the offensive behavior, interference with·
work performance, effect on the complaining employee and the con.text in which the
conduct occurred.
3. An objective standard is applied; e.g., would a "reasonable person of comparable
circumstances and status'' find the behavior hostile or abusive?
4. Harassment can occur even if a recipient appears to voluntarily ''consent'1 to the
conduct at issue (for fear of being insubordinate or retaliated against" or to avoid
being ostracized) or even if the intent of the behavior is not meant to be offensive.
5., If you are in doubt as to whether any particular conduct may violate this
Administrative Order, seek guidance from your supervisor or Human Resources.
Retaliation is any adverse conduct taken because an individual has reported harassment
or has participated in the investigation of a discrimination or harassment complaint.
Adverse conduct means taking sides because an individual has reported harassment,
spreading rumors about a complainant, ostracizing an individual who repprts harassment
or threatening to prevent an individual from reporting harassment. ·
Confidentiality in the investigative process means that tbose interviewed are prohibited
from discussing the substance of the interview, except as otherwise directed by a
supervisor; manager or Human Resources. Compiete confidentiality cannot occur
because the City must di~close the substance of a complaint in order to fully investigate
and take effective remedial action. The City will not disclose a completed investigation
report except; as it deems necessazy to support a disciplinary action, to talce remedial
action, to defend itself in adversarial proceedings, or to comply with the Jaw or a court
order. ·
COMPLAINT PROCEDURE:
Any in~vidual who feels he/she has been discrimirtated, harassed or retaliated against in
violation of this Administrative Order should report the conduct immediately ~o that the
complaint can be resolved quickly and fairly.
The City strongly encourages any individual who feels that he/she has been discriminated
or harassed in violation of this policy to let the offending person know immediately and
firmly that the conduct at issue is unwelcome, offensive and inappropriate and must stop.
1. If an individual who has been discriminated ot harassed prefers not to confront the
offending person, the individual is encour~ged to immediately report the conduct to
their supervisor, department head, any member of management or to Human
4
Resources. The individual should provide aU_details of the incident or incidents;
including the names of individuals involved and of any witnesses.
2. Any management employee who receives a complaint or learns of a potential
violation must promptly report the information to his/her superidts and/or to Human
Resources and. if necessazy; take action to diffuse volatile circumstances.
3. Human Resources will immediately undertake or direct a prompt, discrete,_ thorough
and objective investigation of the allegations at issue. All complaints, and in sorne
situations where complaints are not filed, will be investigated to the extent that the
City deenis appropriate. The investigation will normally include interviewswith the
reporting individual, the accused, and any other person who is believed to have
relevant Jmowledge concerning the allegations. The investigator will remind all
interviewees to maintain the confidentiality of the content of the interview and that
retaliation against those who report alleged harassment or who participate in the
complaintpr.ocedure is prohibited.
4. A report ofthe :findings and conclusions will be submitted to the Department Head
who, iri consultation with appropriate management staff, will determine the final
decision and appropriate course ofremedial·action. Ifdisciplinary action i~
warranted, notification and appeal procedures will be followed m accordance with the
City's disciplinary policy.
5. The outcome of an investigation will be con:ununicated to the complainant. Details of·
any disciplinary or remedial actions willnotbe disclosed.
6. Individuals have the option to report discrimination, harassment and ret-aliaticm to the
U$. Equal Employment Opportunity (EEOC) or·to the Califcmua Depart:rneni of Pair
Employment and Housing (DFEH). These governmental agencies offer legal
remedies and a comp\~nt process. The addresses and phone numbers ofthese
ag~ncies are listed oil official employment postings located on City bulletin boards.
If you have any questions regarding this po}icy, please contact the Human Resourc.es
Department.
RAYMOND R. PATCHETT
City Manager ·
5
CITY OF
CARLSBAD
Office of the City Attorney ·
September 25, 2018
Via E-Mail to mary4real@yahoo.com
Ms. Mary Lucid
RE: Your Harassing and Threatening Condu!=t
Dear Ms. Lucid:
NOTICE TO IMMEDIATELY
CEASE AND DESIST
www.carlsbadca.gov
We have received and ~ontinue to receive complaints about your·conduct toward City
of Carlsbad employees. Recently, we received information about your conduct at the
Carlsbad Chamber of Commerce event that took place on August 23, 2018, as well as,
your conduct and statements made in subsequent phone calls with multiple staff
members of the city.
The City has conducted an investigation and. we have determined that you engaged in
the following highly inappropriate and conduct:
• Making taunting and derogatory remarks towards an employee who was
attempting to set up for a presentation. .
• Invading said employee's physical space and attempting to block her exit when
she attempted to retreat from you.
• Asking questions of other presenters at the event that were designed to
embarrass/discredit the employee.
• Following the event, stating to city employees comments such as "good thing I
don't own a gun" and "I don't even own a gun."
The City of Carlsbad, as an o_rganization, has strict prohibitions against harassment in
the workplace. These prohibition~are designed to maintain a discrimination free
workplace and extend to not only those who are employees of the city, but
contractors, volunteers and members of the public who interact with city employees.
As defined by the city's Administrative Order No. 45, the definition of physical
harassment includes "assault, impeding or blocking movement, physically interfering
with normal work or movement, pinching, grabbing, patting, propositioning, leering,
City Attorney
1200 Carlsbad Village Drive / Carlsbad, CA 92008 / 760-434-2891 I 760-434-8367 fax
ATTACHMENT C
Page 2
making express or implied job threats or promises in return for submission of physical
acts, mimicking, stalking or taunting."
Your recent behavior is in direct violation of this policy. Accordingly, Vlfe request that
you immediately cease-and-desist from making any further inappropriate state111ents
to city staff. We further request that you also immediately refrain from ehgaging in·
any further inappropriate conduct with city staff.
This is not your first warning about your conduct. You were notified on· August 26,
2016 that you would not be a!lowed to serve as a volunteer with the city, due in part
to your "disrespectful and unprofessional behavior and communication" towards city
staff and various members of the City Council. At that time your behavior was
characterized as "very close to hostile" and you were advised that it was not
acceptabJe.
Abuse and harassment of city employees by anyone will not be tolerated. We trust
that you will stop behaving in such a manner. If you cannot conduct yourself in a calm
and courteous manner at all times while on city property or conversing with city
employe~ and staff, then we will have no alternative but to pursue lega] recqurse
against you. These may include, but-are not limited to; seeking a restraining order
prohibiting you from harassing and/or intimidating city employees, and/or banning
you from all city facilities.
Very truly yours,
~~-
Celia A. Brewer ----
City Attorney
cc: Scott Chadwick, City Manager
I
t i
Via Personal Service
Ms. Mary Lucid
3229 Mission Cove Way #334
Oceanside, CA 92054
February 26; 2019
NOTICE OF SUSPENSION
(City of
Carlsbad
TO USE THE SENIOR CENTER;
SUSPENSION EFFECTIVE IMMEDIATELY
Ms. Lucid:
Your use of the Senior Center and adjacent Pine Avenue Community Center (collectively,
"Senior Center") .is subject to the posted Rules of Conduct {a photo of the Rules of Conduct
posted at the Senior Center is attached hereto.) The Rules of Conduct were established to keep
the Senior Center safe and pleasant for everyone, including City of Carlsbad {"City") staff.
Unfortunately, we have received numerous complaints from City staff about your conduct at
the Senior Center. Universally, these complaints state that you are rude, harassing, hostile
and/or verbally abusive toward staff. Below are some examples of reports the City has received
just in the last few days regarding your behavior:
• On February 22, 2019, two City employees encountered you in the Senior Center
computer room. These two City employees reported that you were rude, harassing,
hostile and verbally abusive to both of them. The two employees reported your
behavior to their supervisor. The supervisor drove to the Senior Center to try and help
diffuse the situation. You continued to act belligerently toward the supervisor.
• Also on February 22, at the Senior Center upstairs counter, you asked to speak with
Recreation Service Manager Mike Pacheco. You were informed that he had already left
for the day. In response, you stormed out of the office, slammed the door and yelled an
expletive to staff._
Office of the City Manager
City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t
Ms. Mary Ludd
Feb.26,2019
Page 2
This is not the f!rst time the City has requested you correct your behavior and interactions with
City employees. As far back as August 2016, in a letter, the City informed you that you had
engaged in "disrespectful and unprofessional behavior and communication" towards city staff
and various members of the City Council. At that time, your behavior was characterized by City -.
staff as "very close to hostile" and you were advised that it was not acceptable. Additionally,
twice during the summer of 2018, both the City Manager and the City Attorney met with you to
discuss this issue and ask you to correct your behavior.
Those discussions fell on deaf ears. Thus, in September 2018, the City sent you a cease and
desist notice (a copy is attached). In that notice, we asked you to refrain from engaging in
behavior that creates a hostile environment. Unfortunately, since September 2018, as noted
above, the City continues to field complaints about your behavior.
Based on the complaints we have received since September 2018, the City finds that your
actions are in violation of the Senior Center Rules of Conduct, specifically, Rule 4. Rule 4
prohibits, "[t]hreatening, disturbing, offending, intimidating or harassing others, including staff
(California Penal Code 602.lb)." California Penal Code 602.l(b) provides that "[a]ny person
who intentionally interferes with any lawful business carried on by the employees of a public
agency open to the public, by obstructing or intimidating those attempting to carry on business,
or those persons there to transact business with the public agency, and who refuses to leave
the premises of the public agency after being requested to leave by the office manager or a
supervisor of the public agency, or by a peace officer acting at the request of the office
manager or a supervisor of the public agency, is guilty ofa misdemeanor, punishable by
imprisonment in a county jail for up to 90 days, or bya fine of up to four hundred dollars
($400), or by both that imprisonment and fine'."
Accordingly, per the Senior Center Rules of Conduct, YOUR PRIVILEGE TO USE THE SENIOR
CENTER IS HEREBY IMMEDIATELY SUSPENDED FOR A PERIOD OF TWO (2) WEEKS. The two (2)
week period begins on the date of this letter. During this suspension period, you will not be
allowed to use the Senior Center or the Pine Avenµe Community Center. In other words, please
refrain from entering the Senior Center or the Pine Avenue Community Center during this
suspension period.
If you violate this suspension, the City will take any and all legal actions available to it, including . .
but not limited to, increasing the suspension period, citing you for trespass, and/or seeking an
injunction against you. Note, California Penal Code 602.l{b) provides that "[a]ny person who
intentionally interferes with any lawful business carried 011 by the employees of a public agency
open to the public, by obstructing or intimidating those attempting to carry on business, or
those persons there to transact business with the public agency, and who refuses to leave the
premises of the public agency after being requested to leave by the office manager or a
supervisor of the public agency, or by a peace officer acting at the request of the office
manager or a supervisor of the public agency, is guilty of a misdemeanor, punishable by
Ms. Mary Lucid
Feb.26,2019
Page 3
imprisonment in a countyjail for up to 90 days, or by a fine of up to four hundred dollars
($400), or by both that imprisonment and fine."
The City of Carlsbad, as an organization, has strict policy against harassment in the workplace.
These prohibitions are designed to maintain a harassment free workplace for City staff and the
public. Your behavior undermines the City's compliance with this policy. As an employer, the
City will not tolerate anyone who creates a hostile environment.
During this suspension, we ask that take any and all actions necessary to correct the behavior
that led to your suspension. After the suspension period, if you can abide by the Senior Center
Rules of Conduct, you are welcome to again partid e ·n Senior Center activities .
...,.,,.,_,...., a · ck
City Manager
-..
Exhibit 3
(city of
·Carlsbad
April 23, 20;19
Via Personal Service
Ms. Mary Lucid
3229 Miss.ion Cove Way#334
OceatJstde, CA 9'.2:0s4
Ms. Lucid:
SECOND NOTICE OF SUSPENSION
TO USE THE SENIOR CENTER;
SUSPENSION EFFECTIVE .IMMEDIATELY
You were previously suspended from your use of the Senior Center and the Pine Avenue
Community-Center (collectiv~ly "Senior Center"), for two weeks beginning on February 29,
2019, due to your failure to adhere to the posted Rules of Conduct (City's prior notice of
suspension is attached hereto.} As previously stated, the Rules of Conduct were established to
keep the Senior Center safe,,,and pleasant for everyone, including City of Carlsbad ("City"} staff.
Despite the prior suspension, you continue to engage in rude, harass.ing, hostile and/or verbally
abusive t~ward City staff and volunt!=ers. For example, the City has recently received reports of
the following incidents:
0 On April 17, 2019, a City employee and a volunteer encountered you at the Senior
Center front counter and said you would need to make an appointment" to meet with
the Recreation Area Manager. In response you became rude, harassing, hostile and
verbally abusive. The employee and volunteer reported that you yelled an expletive to
staff and stated, "when hell freezes over." You left and returned to the front counter
with a comment card, and demanded that it be given to the Recreation Area Manager
immediately. When the employee explained it needed to be submitted in the suggestion
box; you became very upset and angrily tore up the comment card,
0 ' On April 18, 2019, two City employees reported that they encountered you anhe Senior
Center front counter and, when one-of them walked away, you yelled their name and
City of Carlsbad 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434~2821 t
Ms. Lucid
Aprli 23, 2019
Page2
. sh~uted questions in a taunting manner; You have previously targeted this employee in
this way. Both employees reported th.at your behavior was menacing.
As described in the City's firstnotice of suspension, the City hasrepeatediy requested.that you
. correct your behavior and interactions with City employees. Based on the complaints we have
received since February 2!:>, 2019, the City finds that your actions are in violation of the Senipr
Center Rules of Conduct; specifically, Rule 4. Rule 4 prohibits, "lt]hreatening, disturbi_ng,
offending, int_imidating qr harassing, others, including staff (California Pen~! Code 602.lb)."
Accordlngly, per the Senior Center Rules of Co_11ducti YOUR PRIVILEGE TO USE THE ~ENJOR
CENIER IS -AEREBV IMMEDIATELY SUSP~NDED FORA PERIOD OF FOUR (4} WEEKS. The f~u r
(4) weekperiqd begins on the date of.thjs letter._ Duringthis suspension period,yoy will not be
allowed to use the Senior Center. In ot)wrwords, please refrain from enteringt_he Senior
Center during this suspension period.
If you violate this suspet1sion, the City will take any and all legal actions availaole to i~; including
but not limited to, increi;isJng the su.sp~nsion period, citing you for trespassi and/or seeking _an
injunction aga.in:st you. Note, California Penal Code .602.l(b)' provides that "[a]nyperson who
intentiom;dly interferes with any lawful business carried on by the emploY!=!!=S bf a public ageni;y
open to the pqblic, by obs~ructing or in"i:irnidatingthose attempting to carry. on business,_ or
those person~ there to tri;lnsactbusiness with the public agency, and who refuses to leave the
premises of the public agency afi:~r being requested to leave by the office ma.nager qr a
supervisor of the public agency, or by a peace officer acting at'the request ofth'e office
manager or asup.ervisor of the public agency, is guilty of a misdemeanor, pu•nishable by
imprisonment In a co4nty jail for up to 90 days, or by a fine of up to four hundred dollars
($400), or by both that irnprisonment and fine."
The City of Carlsbad: as an organizatio_n, has strict policy against harassment in the wqrkplace.
These prohibitions are designed to maintain a harassment free workplace for City staff and the
public. Yourbeliavior undermines the City's compliance with this policy. As an employer, the
City will not tolerate anyone who creates a hostile environment.
During this ~uspension, we ask that you takepf1Vand all acti1:ms necessary to correct-the
beh.aviqr that led to· your suspension. Aftfthe }1uspension period; if ~ou ~an abide by the
Senior Center Rules of Conduct, you are wel~m to return to the Senior Center .
.....____
Sn
f
Scott Chadwick
City Manager
September 24, 2019
Via Personal Delivery
Ms. Mary Lucid
3229 Mission Cove Way #334
Oceanside7 CA 92054
(_ City of
Carlsbad
THIRD NOTICE OF SUSPENSION
·· TO USE CITY FACILITIES AND NOTICE TO
·,
IMMEDIATELY CEASE AND DESIST HARASSING AND
THREATENING CONDUCT TOWARD CITY STAFF;
THREE (3) MONTH SUSPENSION EFFECTIVE
IMMEDIATELY
Ms. Lucid:
On Sept. 25, 2018, the City Attorney sent you a 'Notice to Immediately Cease and Desist' your
harassing and threatening conduct toward City staff (Exhibit A) that was found to be in direct
violation of the City's Administrative Order No. 45 -Respectful Workplace & Non-
Discrimination Policy (Exhibit B).
You were also previously suspended from your use of the Senior Center and the Pine Avenue
Community Center (collectively "Senior Center") on two occasions. First, on February 26, 2019,
you were suspended for two weeks due to your failure to adhere to the posted Rules of
Conduct (Exhibit "C.") On Aprii 22:, 2019, you were again suspended for four weeks for failure
to adhere to the Rules of Conduct. (Exhibit "D.")
The Rules of Conduct were established to keep the Senior Center safe and pleasant for
everyone, including City of Carlsbad ("City") staff. Despite the two prior suspensions, you
continue to engage in rude, harassing, hostile, physically intimidating and/or verbally abusive
behavior toward City staff and volunteers. For example, the City has received reports of the
following incidents:
Office of the City Manager
City Hall 1200 Carlsbad Village Drive I Ca rlsbad, CA 92008 I 760-434-2820 t
Ms. Mary Lucid
September 24, 2019
Page 2
• On July 15, 2019, you entered an office in the Senior Center of a City employee without
an invitation. You proceeded to rant about certain City staff where you said numerous
hateful and negative things aboutcertain City staff. During this rant you angrily shut the
office door, leaving the employee without an exit until you had finished your comments,
including those about the special needs volunteers at the Senior Center. This City
employee has felt the need to lock her office door and dose the blinds to avoid any
additional such encounters with you. Your actions caused the employee to report this
incident to her supervisor as inappropriate and harassing.
• On September 5, 2019, in the Art Studio of the Senior Center, you engaged in a
conversation with a City employee where you were rude, abrasiVe, belittling and
condescending to said employee. When that employee tried to disengage from the
conversation, you intentionally blocked the exit of the studio so as to prevent a City
employee from leaving the studio so that you could continue to belittle her and speak to
her in a very hurtful tone. This City employee has felt the need to request a location
. reassignment to avoid any additional such encounters with you. Your actions caused
the employee to report this incident to frer supervisor as inappropriate.
As described in the City's prior Notice to Immediately Cease and Des.ist, and the two prior
notices of suspension, the City has repeatedly requested that you correct your behavior and
interactions with City employees. Based onthecarnplaints we have received since your last
suspensim1, the City finds that youractionsare once again in violation of the City's
Administrative Order No .. 45 -Respectful Workplace & Non-Discrimination Policy and the
Senior Cetiter Rllles ofConduct, spedficaUy, Rule 4. Rule 4 prohibits, "[t]hreatening, disturbing,
offendfng, intimidating or harassing others, including staff (CalifornJc3 Penal Code 602.lb).''
Accordingly, in order to provide City employees and volunteers with a harassment free work
environment, as required by law, YOUR PRIVILEGE TO USE THE SENJOR CENTER AND ANY CITY
FACILITY, EXCEPT CITY HALL AND THE CITY COUNCIL CHAMBERS, ARE HEREBY IMMEDlATELY
SUSPENDED FOR A PERIOD OF THREE (3) MONTHS.
The three {3) month period begins on the date of this letter. During this suspension period, you
will not be allowed to use the Senior CentE?r or any City facility with the exception of City Hall
and the City Council Chambers. In other words, please refrain from entering the Senior Center
or' any City facility, with the exception of City Hall and the City Council Chambers, during this
suspension period.
As this is your fourth notice involving the same pattern of condutt of rude, harassing, hostile,
physically intimidating.and/or verbally abusive behavior, in order to continue using the Senior
Center and any City facility after the three (3) month suspension, you must provide proof of
attendance at fifteen (15) in-person meetings of the anger management program conducted by
Ms. Mary Lucid
September 24, 2019
Page 3
Recovery International. There is no cost to the program. Recovery International conducts in-
person meetings at various locations throughout San Diego County. As you live in Oceanside,
Recovery International has a program that meets in Vista on Monday nights at 6:30 p.m. at the
Unity Way Church, 171 Unity Way, Vista, CA 92083. The contact for Recovery International is
Jack Nalbandian, (619) 787-5458.
If you violate this suspension, the City Will take any and all legal actions available to it, including
but not limited to; increasing the suspension period, Citing you for trespass, and/or seeking an
in)unctiori against you. Note, California Penal Code 602.l(b) provides that "[a]ny person who
. intentionally interferes with any lawful business carried on by the employees of a public agency
open to the public, by obstructing or intimidating those attempting to carry on business, or
those persons there to transact business with the public agency, and who refuses to leave the
premises of the public agency after being requested to leave by the office manager or a
supervisor of the public agency, or by a peace officer acting at the request of the office
manager or a supervisor of the public agency, is guilty of a misdemeanor, punishable by
imprisonment in a county jail for up to 90 days; or by a fine of up to four hundred dollars
($400), or by both that imprisonment and fine."
The City of Carlsbad, as an organization, has strict policy against harassment in the workplace.
These prohibitions are designed to maintain a harassment free workplace for City staff and the
public. Your behavior undermines the City's compliance with this policy. As an employer, the
City will not tolerate anyone who creates a hostile environment.
During this suspension, we ask that you take any and all actions necessary to correct the
beha\lior that led to your suspension. After the suspension period and successful completion of
the Recovery International program, if you Can abide by the City's Administrative Order No. 45
-Respectful Workplace & Non-Discrimination Policy, the Senior Center Rules of Conduct and
any other City facilities rules of conduct, you are welc e to return to the Senior Center and
any other City facility.
City Manager
December 13, 2019
Via Email and Certified Mail
Ms. Mary Lucid
3229 Mission Cove Way #334
Oceanside, CA 92054
(_ City of
Carlsbad
FOLLOW UP TO THIRD NOTICE OF SUSPENSION
Ms. Lucid:
On Sept. 24, 2019, you were sent the attached letter notifying you of your third suspension
from the Senior Center and any City facility, except City HaU and the City Council Chambers for a
period of three months. Additionally, you were advised that in order to return it was required
that you provide proof of attendance at fifteen _(15) in-person meetlngs of the anger
management program conducted by Recovery International.
It has been brought to our attention that you ril.ade a reservation for the lunch program at the
Carlsbad Senior Center on Dec. 24, 2019. Though this date would satisfy the three month
suspension period, by itself it does not meet all the requirements outlined in the Sept. 24, 2019
letter. Prior to using the senior center or any 0th.er city facility, except city hall and the city
council chambers, you will first need to provide proof of attendance at fifteen (15) anger
management meetings conducted by Recovery International.
Once you have satisfied both of the requirements, you will be alloyved the full use of all City
facilities again with the expectation and understanding you can abide by the City's .
Administrative Order No. 45 -Respectful Workplace & Non-Discrimination Policy, the Senior
Center Rules of Cond!,Jct and any other City facilities rules of conduct.
If you violate this, susp~nsion, including returning. before the completion of the fifteen (15)
anger management classes, the City will take any and all legal actions available to it, including
but not llmited to, increasing the suspension period"citing you for trespass, and/or seeking an
injunction against you. Note, California Penal Code 602.l(b) provides that "[a]ny person who
intentionally interferes with any lawful business carried on by the employees of a public agency
open to the public, by obstructing or intimidating.those attempting to carry on business, or
those persons there to transact business with the public agency, and who refuses to leave the
Office of the City Manager
City Hall 1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t
Ms. Mary Lucid
December 13, 2019
Page 2
premises of the public agency after being requested to leave by the office manager or a
supervisor of the public agency, or by a peace officer acting at the request of the office
manager or a supervisor of the public agency, is guilty of a misdemeanor, punishable by
imprisonment in a county jail for up to 90 days, or by a fine of up to four hundred dollars
($400), or by both that imprisonment and fine."
Proof of completion for the fifteen (15) anger management meetings must be provided to the
City Manager's Office.
~.. J . Sc~at k
City Manager
January 14, 2020
Via Personal Delivery
Ms. Mary Lucid
3229 Mission Cove Way #334
Oceanside, CA 92054
( City of
Carlsbad
NOTICE OF REINSTATEMENT OF THE THIRD NOTlCE
OF S"USPENSION
TO USE 'CITY FACILITIES AND NOTICE TO
IMMEDIATELY CEASE AND DESIST HARASSING AND
THREATENING CONDUCT TOWARD CITY STAFF;
EFFECTIVE IMMEDIATELY
Ms. Lucid:
Per the terms of your suspension, you were required to take anger management classes and
provide proof of attendance at fifteen (15) in-person classes. On December 20, 2019, you sent
me an email containing what you purported to be "the course completion in order to r~turn to
· the Senior Center and afl other C-bad facilities ---library and parks on Dec. 24 in order to attend
the Christmas lunch. [sk]" It being the holiday season, I gave you the benefit of the doubt that
the certificate you presented to me met the requi'r'ements of your suspension.
Having reviewed the third suspension notice issued to you, the terms of the suspension
required you to 11provide proof of attendance at fifteen (15) in-person meetings of the anger
. management program conducted by Recovery lnterhatiohal." The certificate of completion you
provided was for an online course administered by Success with Logan.
· On January 12, 2020, I emailed you and asked for your completed workbooks from the anger
management program you alleged completed. I asked for the materials so that I could see if
you possibly took the classes in-person and compare if the program provided teaching
Office of the City Manager
City HaU-1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-4~4-2820 t
Ms. Mary Lucid
January 14, 2020
Page 2
comparable to Recovery International. On January 14, 2020, you emailed me and stated that
you could not provide the notebooks. ·
As you have not provided adequate proof that you completed the requirements of your
suspension, effective imm~diately, I am reinstating the terms of the suspension as contained in
the Third Notice of Suspension dated September 24, 2019. When you have completed fifteen
(15) in-person meetings of the anger management program conducted by Recovery
International, please provide me proof so that I can determine whether or not to lift your
suspension at that time.
City Manager