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HomeMy WebLinkAbout2021-09-21; City Council; ; Mary Lucid’s Appeal of the Fourth Notice of Suspension from the Carlsbad Senior CenterMeeting Date: September 21, 2021 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Kyle Lancaster, Parks & Recreation Director kyle.lancaster@carlsbadca.gov, 760-434-2941 Subject: Mary Lucid’s Appeal of the Fourth Notice of Suspension from the Carlsbad Senior Center Recommended Action Adopt a resolution upholding the City Manager’s decision to suspend Ms. Mary Lucid from the Senior Center for a period of six months based on her continued violations of the Senior Center’s Code of Conduct and the City’s Respectful Workplace and Non-Discrimination Policy. Executive Summary The Carlsbad Senior Center is a community facility that provides a continuum of services for adults at all stages of life. Because the Senior Center is open and provides services to the public, the Senior Center has a posted Code of Conduct. The City also has a Respectful Workplace and Non-Discrimination Policy that must be followed to provide a work environment that is free of harassing behavior, whether from fellow employees or third parties. (Exhibit 3.) Mary Lucid, a frequent patron of the Senior Center, has repeatedly violated the posted Code of Conduct and the City’s Respectful Workplace and Non-Discrimination Policy. The violations have resulted in three prior suspensions from the Senior Center and a suspension from the city library. The most recent suspension from the Senior Center, her fourth, which is at issue in this appeal, is a six-month suspension from the Senior Center imposed by the City Manager on August 30, 2021 Ms. Lucid is appealing the City’s determination to suspend her from the Senior Center for six months, in accordance with Carlsbad Municipal Code section 1.20.310. Discussion Rule 4 of the Senior Center Rules of Conduct prohibits, “threatening], disturbing, offending, intimidating, or harassing others, including staff. (California Penal Code 602.1b).” (Exhibit 2.) The city also has a legal obligation to provide a work environment that is free of harassing behavior, whether the untoward behavior is from fellow employees, volunteers or third parties. Upon extensive consideration of Ms. Lucid’s interactions with City staff since the end of her third suspension, the City Manager has concluded that her pattern of behavior constitutes bullying and harassment in violation of Rule 4 and the city’s Respectful Workplace and Non- Sept. 21, 2021 Item #12 Page 1 of 38 Discrimination Policy. Therefore, on August 30, 2021, the City Manager issued Ms. Lucid her fourth notice of suspension from the Carlsbad Senior Center.1 (Exhibit 4.) Examples of the conduct violating these polices that Ms. Lucid has engaged in since the end of her third suspension include: •Over the course of several years, repeatedly asking city staff to provide Wii bowling and zentangle classes at the Senior Center. The city offered the zentangle class, which Ms. Lucid did not attend. The Wii bowling class was cancelled due to zero to low attendance, which staff explained. Nevertheless, Ms. Lucid has continued to aggressively engage with and berate city employees over the topic. •On August 10, 2020, Ms. Lucid drove to the city’s COVID-19 emergency meal pick-up line in the Senior Center parking lot, parked and exited her vehicle. An employee explained that she was required to remain in her vehicle. Ms. Lucid returned to her 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 Ms. Lucid continued to invade the employee’s personal space while aggressively questioning and bullying the employee. •On November 23, 2020, Ms. Lucid emailed Recreation Services Manager Mike Pacheco, saying, 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, she 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 and 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? 1 To protect Senior Center employees from further harassment and bullying from Ms. Lucid and preserve city staff resources, the City Manager also advised Ms. Lucid to send all comments, questions and concerns regarding the Parks and Recreation Department in writing to Recreation Services Manager Mike Pacheco. The City Manager directed that no other city employee will respond to Ms. Lucid’s communications regarding the Parks & Recreation Department. 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. Sept. 21, 2021 Item #12 Page 2 of 38 • On May 6, 2021, she emailed the City Manager, in part, [Margaret] Hamer decided to use that one 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 cooking classes that could teach grilling! That class might attract more 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! • On July 30, 2021, Ms. Lucid brought and distributed salads to other seniors in violation of the Senior Center’s rule against outside food. She was advised that outside food is not allowed because of health and safety concerns and that if she violated the rule again, she could be suspended from the Senior Center. • August 10, 2021, Ms. Lucid again brought outside food into the Senior Center and was warned no outside food is allowed. Ms. Lucid continues to contact numerous city employees aggressively demanding the policy be changed while insulting staff and making unfounded accusations. • On August 13, 2021, Ms. Lucid aggressively approached Recreation Area Manager Margaret Hamer in the Senior Center and began filming her. Multiple persons asked her to stop, but she aggressively followed the employee around the room while filming her as the employee retreated. Ms. Lucid’s 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 Ms. Lucid was disrupting activities in the Senior Center by going in and out of rooms and shouting negative comments about the facility. She was rude and demeaning to an employee by referring to him as “someone who does nothing for seniors.” She also attempted to hug a member of the public who expressed that she did not want to be hugged. On September 7, 2021, Ms. Lucid sent an email to the City Clerk informing her that she wished to appeal the fourth notice of suspension. (Exhibit 5.) Carlsbad Municipal Code section 1.20.310 requires that such an appeal be placed on the agenda of the City Council for its consideration, and that the appellant be permitted five minutes to address the City Council. After hearing Ms. Lucid’s appeal, the City Council must decide whether there is “substantial evidence” to justify the City Manager’s decision to suspend Ms. Lucid from the Senior Center for six months. Courts have defined “substantial evidence” to mean evidence that, based on the whole record, is reasonable in nature, credible and of solid value. (See 2006 California appeals court ruling JKH Enterprises, Inc. v. Dept. of Industrial Relations.) If the City Council finds that substantial evidence supports the City Manager’s decision, staff recommends that the City Council vote to uphold the suspension. If the City Council finds to the contrary, the City Council should vote to reverse the suspension. Sept. 21, 2021 Item #12 Page 3 of 38 Fiscal Analysis There is no direct fiscal impact from the City Council upholding the City Manager’s decision to suspend Ms. Lucid from the Senior Center for a period of six months. Next Steps Staff will monitor the Senior Center for Ms. Lucid’s compliance with the six-month suspension. Staff will take additional responsive action if Ms. Lucid’s compliance is not achieved. Environmental Evaluation (CEQA) In keeping with Public Resources Code section 21065, this action does not constitute a “project” within the meaning of CEQA in that it has no potential to cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Public Notification This item was noticed in keeping with the state’s Ralph M. Brown Act and it was available for public viewing and review at least 72 hours before the scheduled meeting date Exhibits 1. City Council resolution 2. Senior Center Code of Conduct 3. City of Carlsbad Respectful Workplace and Non-Discrimination Policy 4. Fourth Notice of Suspension from the Carlsbad Senior Center – August 30, 2021 5. Mary Lucid’s Notice of Appeal Sept. 21, 2021 Item #12 Page 4 of 38 RESOLUTION NO. 2021-217 A RESOLUTION OF THE CITY COUNCIL O.F THE CITY OF CARLSBAD, CALIFORNIA, DENYING THE APPEAL AND UPHOLDING THE DECISION OF THE CITY MANAGER TO SUSPEND MARY LUCID FROM THE CARLSBAD SENIOR CENTER FOR A PERIOD OF SIX MONTHS EXHIBIT 1 WHEREAS, on August 30, 2021, the City Manager suspended Mary Lucid from the Carlsbad Senior Center for a period of six months based on her continued violations of the Senior Center's Code of Conduct and the City's Respectful Workplace and Non-Discrimination Policy; and WHEREAS, on September 7, 2021, Mary Lucid emailed the City Clerk's Office to request an appeal of the City Manager's decision to suspend her from the Senior Center; and WHEREAS, on September 21, 2021, the City Council of the City of Carlsbad held a public meeting to receive and consider Mary Lucid's appeal, pursuant to Carlsbad Municipal Code section 1.20.310; and WHEREAS, the City Council received and carefully considered all of the evidence and arguments presented; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitations are true and correct. 2. Mary Lucid has engaged in a pattern of behavior which constitutes bullying and harassment of city employees in violation of Rule 4 of the Senior Center's Code of Conduct and the city's Respec;:tful Workplace and Non-Discrimin~tion Policy. 3. The appeal is denied and the City Manager's decision to issue Mary Lucid a Fourth Notice of Suspension from the Carlsbad Senior Center is supported by substantial evidence and is the final decision of the City Council. Sept. 21, 2021 Item #12 Page 5 of 38 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 21st day of September 2021, by the following vote, to wit: AYES: Hall, Blackburn, Bhat-Patel, Acosta, Norby NAYS: None. ABSENT: None. MATT HALL, Mayor CJ~«n~ ~VIOLA MEDINA, City Clerk Services Manager {SEAL) Sept. 21, 2021 Item #12 Page 6 of 38 Exhibit 2 / Carlsbad Senior Center Rules of Conduct To keep the enior Center safe and pleasant for everyone, 1hc folJowing activities and behaviors are PROHIBITED: 1. Smoking in the Senior Center (Carlsbad Municipal Code 6.14.030). 2. Soliciting or panhandHng either inside the Senior Center or on surrounding ity Property (California Penal Code 647(c). 3. As ault on patrons or staff (California Penal Code 242). 4.1nrcatening, disturbing, offending, intimidating or harassing others, including staff (California Penal Code 602.lb). 5 .1l1cft, abuse, vandalism or mutilation of Senior Center facilities, equipment or materials (California Penal Code 490.5 & 594). 6. Misusing restrooms for purposes of bathing or washing clothes. 7. Being in d1e Senior Center without wearing shoes and a shirt. 8. Bringing animals into the Senior Center except those certified to assist a patron with a disability. <J. 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. llodily hygiene that is offensive and disturbing to others. Pt,rso11.1 who violntt! thi:st! mli:s will be asked to stop su(h nclions n11d mr~y bl! asked to lwvl' th,, St'llior Ce11ter. Persistent ·violations ~f these mies mny alw result in susp,:nsion of Senior Carl.arprivilegt's. Suspemions will be for r1 d<jiniti: tirne period. not to exceed 12 month.r. '/hr le11gth ef a .mspmsion will Ot' deti:rmincd by the Rccreatio11 Ar ·n ll!lanaga or ntl.wr rl,·ri rnnlt'd .1tr1 . Polirt' will b<.' rallerl i11 crm· o -rim inn/ or le nl 'l.,i Ii ·ans. Sept. 21, 2021 Item #12 Page 7 of 38 ADMINISTRATIVE ORDER NO 45 (REVISED) This order supercedes Administrative Orders 45 and 56 TO: ALL DEPARTMENTS FROM: CITY MANAGER RESPECTFUL WORKPLACE & NON-DISCRIMINATION POLICY PURPOSE In harmony with the City’s mission to provide top-quality service that enhances the quality of life for all who live, work, and play in Carlsbad, the City is committed to maintaining a workplace that respects all individuals and is fi-ee from discrimination and harassment in any form. This policy outIines: 1) the behaviors, practices and activities that are expected in the workplace, 2) the responsibilities of employees, managers/supervisors and the Human Resources Department, and 3) the actions that will be taken to ensure this policy is affirmed. 0 e POLICY: The City values a diverse workforce and is committed to providing equal employment opportunity to all applicants and employees regardless of race, sex, religious creed, color, national origin or ancestry, physical or mental disability, medical condition, marital status, veteran’s status, age or sexual orientation. This commitment applies to all personnel actions, including but not limited to compensation, benefits, terms and conditions of employment, opportunities for promotion, training and development, transfer, and other privileges of employment. The City also values respectfirlness, collaboration, and teamwork in the workplace and prohibits any form of discrimination and harassment that would otherwise conflict with these values. Any applicant, official or contractor found in violation of this policy will be subject to appropriate sanctions. Any employee or officer found in violation of this policy will be subject to disciplinary action up to and including termination. To ensure that the City’s respectful workplace is preserved, a timely complaint procedure to report violations of this policy is available to all individuals. Human Resources is responsible for administering this complaint procedure, including authorizing and/or conducting an investigation and, in consultation with the affected department, recommending disciplinary action commensurate with the severity of the offense and other appropriate remedial action. 1 Exhibit 3 Sept. 21, 2021 Item #12 Page 8 of 38 RESPONSIBILITIES All Citv Emplovees: 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 constitutes harassment or discrimination, as defined here, to management or 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. Cooperate fully with the City’s investigation into alleged violations of this policy by responding fully and truthfilly to all questions posed during the investigation. Management and Smervisory Emplovees (includinp OEcers and Officials): Be knowledgeable about this policy and model behavior that respects all individuals in the workplace and complies with the principles and spirit of this policy. Inform and communicate this policy to your employees, answer any questions and provide guidance to employees regarchng appropriate behavior in the workplace. Be proactive in monitoring your work environment and take immediate appropriate action to stop potential violations, such as removing inappropriate pictures and correcting inappropriate language. Take complaints of discrimination and harassment seriously by immediately dealing with the situation, 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 action. Implement appropriate discipline and remedial action after the investigation. Human Resources Department: Ensure that all employment decisions and practices comply with this Administrative Order. Communicate the policy of respectful 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 Order. Administer the complaint procedure, including authorizing and/or conducting investigations and in consultation with departments, recommending disciplinary action commensurate with the severity of the offense and other remedial action. 2 Sept. 21, 2021 Item #12 Page 9 of 38 DEFINITIONS: Below are definitions of words or phrases that will help you to understand this policy. Many of these definitions occur in the law and are spelled out in detail to ensure that specific behaviors that have legal consequences are clearly understood. Respectful Workplace means a work environment in which all individuals treat one another in a courteous, honorable and esteemed manner. Behaviors that promote the core competencies of effective teamwork, collaboration, leadership and quality customer service will be the standards by which all employees will be evaluated. Protected Classifications identified in the law include: 1) y individual’s sex, race, religious creed, color, national origin or ancestry, physical or mental disability, medical condition, marital status, veteran’s status, age or sexual orientation (heterosexual, homosexual or bisexual); 2) an individual 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: The result of an action(s) that negatively and unfairly impacts an individual or group of individuals based on their protected classification. Harassment: is a form of discrimination. Depending on the circumstances, a single act of harassment or a series of acts, as defrned below, can violate this Administrative Order. Verbal Harassment includes epithets, jokes, comments, or slurs that identie a person on the basis of hisher protected classification, intimate or other nicknames, comments on appearance-including dress or physical features-or stories that tend to disparage those within a protected classification. Visual Forms of Harassment include gestures, posters, notices, bulletins, cartoons, pictures or drawings that tend to disparage those within a protected classification. Physical Harassment includes assault, impeding or blocking movement, physically interfering with normal work or movement, pinching, grabbing, patting, propositioning, leering, making express or implied job threats or promises in return for submission of physical acts, mimicking, stalking or taunting. Sexual Harassment includes unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature directed at an employee which is presented as a condition of an employment benefit, unreasonably interferes with an individual’s work performance or creates a hostile, intimidating or offensive work environment. 3 Sept. 21, 2021 Item #12 Page 10 of 38 Guidelines for Identifvinp Harassment: 1. Behavior is unwelcome and which is taken because of a recipient’s protected 2. 3. 4. 5. classification. The behavior is measured fiom the totality of circumstances, including the nature and severity of the conduct, ftequency of the offensive behavior, interference with work performance, effect on the complaining employee and the context in which the conduct occurred. An objective standard is applied; e.g., would a “reasonable person of comparable circumstances and status” find the behavior hostile or abusive? Harassment can occur even if a recipient appears to voluntarily “consent” 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. 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 reports harassment or threatening to prevent an individual from reporting harassment. Confidentialiw in the investigative process means that those interviewed are prohibited fiom discussing the substance of the interview, except as otherwise directed by a supervisor, manager or Human Resources. Complete confidentiality cannot occur because the City must disclose the substance of a complaint in order to fully investigate and take effective remedial action. The City will not discIose a completed investigation report except, as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or a court order. COMPLAINT PROCEDURE: Any individual who feels hdshe has been discriminated, harassed or retaliated against in violation of this Administrative Order should report the conduct immediately so that the complaint can be resolved quickly and fairly. The City strongly encourages any individual who feels that hdshe 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 or harassed prefers not to confront the offending person, the individual is encouraged to immediately report the conduct to their supervisor, department head, any member of management or to Human 4 Sept. 21, 2021 Item #12 Page 11 of 38 Resources, The individual should provide all 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 hisher superiors andor to Human Resources and, if necessary, 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 some situations where complaints are not filed, will be investigated to the extent that the City deems appropriate. The investigation will normally include interviews with the reporting individual, the accused, and any other person who is believed to have relevant knowledge 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 complaint procedure is prohibited. 4. A report of the findings and conclusions will be submitted to the Department Head who, in consultation with appropriate management staff, will determine the final decision and appropriate course of remedial action. If disciplinary action is warranted, notification and appeal procedures will be followed in accordance with the City’s disciplinary policy. 5. The outcome of an investigation will be communicated to the complainant. Details of any disciplinary or remedial actions will not be disclosed. 6. Individuals have the option to report discrimination, harassment and retaliation to the U.S. Equal Employment Opportunity (EEOC) or to the California Department of Fair Employment and Housing (DFEH). These governmental agencies offer legal remedies and a complaint process. The addresses and phone numbers of these agencies are listed on official employment postings located on City bulletin boards. If you have any questions regarding this policy, please contact the Human Resources Department. RAYMOND R. PATCHETT City Manager 5 Sept. 21, 2021 Item #12 Page 12 of 38 Exhibit 4 August 30, 2021 Via Personal Delivery Ms. Mary Lucid C 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 demeaning 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 Sept. 21, 2021 Item #12 Page 13 of 38 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 and 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 one 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 cooking classes that could teach grilling! That class might attract more 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! Sept. 21, 2021 Item #12 Page 14 of 38 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 at the 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. Sept. 21, 2021 Item #12 Page 15 of 38 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, employees 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 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 Sept. 21, 2021 Item #12 Page 16 of 38 Ms. Mary Lucid August 30, 2021 Page 5 April 23, 2019 Notice of Second Suspension 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 Sept. 21, 2021 Item #12 Page 17 of 38 Carlsbad Senior Center Rules of Conduct To keep the Senior Center safe and pleasant for everyone, 171e following activities and behaviors are PROHIBITED: 1. Smoking in the Senior Center (Carlsbad Municipal Code 6.14.030). 2. Soliciting or panhandHng either inside the Senior Center or on surrounding C ity Property (California Penal Code 647(c). 1.Assault on patrons or staff(CaUfornia Penal Code 242). 4. 'llu-catening, disturbing, offending, intimidating or harassing others, including staff (California Penal Code 602.lb). 5. llicft, abuse, vandalism or mutilation of Senior Center facilities, equipment or materials (California Penal Code 490.5 & 594). 6. Misusing restrooms for purposes of bathing or washing clothes. 7. Being in tJ1e Senior Center without wearing shoes and a shirt. 8. Bringing animals into the Senior Center except those certified to assist a patron with a disabHity, 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. BodiJy hygiene that is offensive and disturbing to others. Pt,rsom who 'Viola!t' tht'se rules ·will he aski!d to stop .wi:h actions and 11u~y he asked to l<1(l'U{' tht1 S('llinr G:nte,: Pe,:ristt'llt violatiom ~r tht•stJ rules fll{/Y al.w /'t:.\'IIII iu swpc11sio11 efScnior Cent,:r privilcgi:s. S11spcmio11s will he far a d,fiuitc lime. period, not to c.\wcd 12 111011/h.r. 'll.1t k11gth ~f t1 s11spmsio11 'Will ht! tklermint'd hy the Recri!alion /lrct1 1'1111111gi:r or ntl.wr dl'ri ,,wlt'd .1ta[L: l'olir.t' •will hr ra/l('d in cas1• o/'fl'iminal or I,· ral ,uiolatinns. ~ ~ ---ATTACHM,ENT A Sept. 21, 2021 Item #12 Page 18 of 38 ADMINISTRATIVE ORDER NO 4S (REVIS:ED) This order supercedes Administraµve Orders 45 and 56 TO: FROM: ALL DEPARTMENTS CITY MANAGER RESPECTFUL WORKPLACE & NON-DISCRIMINATION POLICY . - . . . . . I PURPOSE In harmony with the City's mission. to provide top-quality servioethatenhances the' quality of life for all who live, work, and play in Cirlsbad, the: City is colilI111ttecl t.O maintaininga workplace that respects all individuals and is fr.¢e from discrimination and harassment in any form. This policy outline.s: I) the behaviors, practices and activities that are expected jn the Workplace, 2) the responsibilities of employees, . managers/supervisors and the Ituman Resources Department~ ~d 3} the actions that will be taken t9 ensure this policy is affirmed. · · POLlCY: • The City values a diver~e workforce and is committed to providing equ~ employment opportunity to all applicants and employees reg~dless of race, sex, religious creed, color, national origin or ancestcy, physic11l or mental disabHity, medical condition,, lllarital status, veteran's status, age or $exua1 orientation. This commitment appiies to all personnel actions, including hut not linuted to compensition, beJ1efits, terms and conditions of empl_pyment, opportunities for promotion, training, artd development, transfer, and other privileges of employment. · • The City also _values respectfulness, collaboration, and team:work in th¢ Workplace and prohibits any form of-discrimination and harassment that would otherwise conflict with these values; Any applicant, official or contractor found in violation of . this policy will be subject to appropriate sanctions. Any employee or officer found in violation of this policy will be subject to disciplinary action up to and includin~ tennination. • To erisure that the City'·s respectful workplace is preserved, a timely complaint procedure to report violations ofthis policy is ~vaila~le to aU individuals. Human Resources is responsible for administering this complaint procedure, including authorizing and/or conducting an investigation and, in consultation with the affected department, recommending disciplinary action com,meI1surate wjth the. severity of the offense and other appropriate remedial action. ATTACHMENT B 1 Sept. 21, 2021 Item #12 Page 19 of 38 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 or to the Human Resources Department. · • Maintain confidentiality in any investigation that the City conducts by not disclosing the substance of any investigatory interview, except 3:8 directed by the Department Head or Human Resources. • Cooperate futly with the City's investigatiop. into alleged violations of this policy by resp1;mding fully and truthfully to all questions posed during the investigation. Management and ·Supervisory Employees (including Officers and Officials): • Be knowledgeable about this policy and model behavior that respects all indivi.duals in the workplace and complies with the prlnuiples and spirit of this policy. • lrifonn and communicate this policy to your employees, answer any questions and provide guidance to employees regarding appropriate behavior in the workplace. • Be proactive in monitoring yolir work environment and take immediate appropriate action to stop potential violations, such as removing inappropriate pictures and correcting inappropriate language. . · • Take complaints of discrimination and harassment ·seriously by immediately dealing . · with the situation, 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 action. • Implement appropriate-discipline and ~emedial action after the investigation. Human Resources Department: • Ensure that all employment decisions and practices comply with this Administrative Order. • Communicate the policy of'respectful 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 ~nd other remedial action. 2 Sept. 21, 2021 Item #12 Page 20 of 38 DEFINITIONS: Below are definitions of words or phrases that will help you to understand thfs policy. Many of these definitions occur 5n the law and are spelled out in detail to ensure that specific behaviors that have legal consequences are clearly understood. Respectful Workplace means a work environment in which all individuals treat one another in a courteous, honorable and esteemed manner. Behaviors that promote the core competencies of effective teamwork, collaboration, leadership and quality customer service will be the standards by which all employees will be evaluated. Protected Classifications identified in the law include: 1) ~ individual's sex, race, religious creed, color, national origin.or ancestry, physical or mental disability, medical condition, marital status, veteran's status, age or sexual orientation (heterosexual, homosexual or bisexual); 2) an individual 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: The result of an action(s) that negatively and unfairly impacts an individual or group of individuals based on their protected classification. · Harassment: is a form of discrimination. Depending on the circumstances, a single act of harassment or a series of acts, as defined below, can violate this Adi:ninistrative Order. Verbal-Harassment includes epithets, jokes, comments, or slurs that identify a person on the basi~ of his/her protected classification, intimate or other niclrnames, comments on appearance-including dress or physical features-or stories that tend to disparage those within a protected classification. Visual Forms. of Harassment include gestures, posters, notfoes, bulletins, cartoons, pictures or drawings that tend to disparage those within a protected classification. · Physical Harassment includes assault, impeding or blocking movement, physically interfering with normal work or movement, pinching, grabbing, patting, propositioning, leering, making expres~ or implied job threats or promises in return for submission of physical acts, mimicking, stalking or taunting. Sexual Harassment includes unwelcome sexual advances, requests for sexual favors or other verbal or physical cpnduct of a sexual nature directed at an employee which is presented as a condition of an employment benefit, unreasonably interferes with an individual's work performance or creates a hostile, intimidating or offensive work environment. 3 Sept. 21, 2021 Item #12 Page 21 of 38 Guidelines for Identifying Harassment: 1. Behavior is unwelcome and which 1s 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 offensfve behavior, interference with· work performance, effect on the complaining employee and the context 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 ifa recipient appears to voluntarily "consent" 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 rep9rts harassment or threatening to prevent an individual from reporting harassment. · Confidentiality in the investigative process means that those 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 disclose 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 necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings, or to comply with the law or a court order. · COMPLAINT PROCEDURE: Any individual who feels he/she has been discriminated, harassed or retaliated against in violati~n of this Administrative Order should report the conduct immediately so 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 or harassed prefers not to confront the offending person, the individual is encouraged to immediately report the conduct to their supervisor, department head, any member of management or to Human 4 Sept. 21, 2021 Item #12 Page 22 of 38 Resources. The individual should provide al1_detai1s 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 superiors and/or to Human Resources and, if necessary, 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 some situations where complaints are not filed, will be investigated to the extent that the City deems appropriate. The investigation wilJ normally include interviews with the reporting individual, the accused, and any other person who is believed to have relevant knowledgt;: 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 complaint pr.ocedure is prohibited. 4. A report of the findings and conclusions will be submitted to the Department Head who, in consultation with appropriate management staff, will determine the final decision and appropriate course of remedial action. If disciplinary action is warranted, notification and appeal procedures will be followed in accordance with the City's disciplinary policy. 5. The outcome of an investigation will be communicated to the complainant. Details of · any disciplinary or remedial actions wil1 not be disclosed. 6. Individuals have the option to report discrimination, harassment and retaliation to the U.S. Equal Employment Opportunity (EEOC) or·to the California Department of Pair Employment and Housing (DFEH). These governmental agencies offer legal remedies and a complaint process. The addresses and phone numbers of these agencies are listed on official employment postings located on City bulletin boards. If you have any questions regarding this policy, please contact the Human Resources Department. RAYMOND R. PATCHETT City Manager 5 Sept. 21, 2021 Item #12 Page 23 of 38 CITY OF CARLSBAD Office of the City Attorney September 25, 2018 Via E-Mail to 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 organization, has strict prohibitions against harassment in the workplace. These prohibitions 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 I Carlsbad, CA 92008 I 760-434-2891 I 760-434-8367 fax ATTACHMENT C Sept. 21, 2021 Item #12 Page 24 of 38 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, \/\fe request that you immediately cease-and-desist from making any further inappropriate statements to city staff. We further request that you also immediately refrain from engaging 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 acceptable. 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 employees and staff, then we will have no alternative but to pursue legal 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 Sept. 21, 2021 Item #12 Page 25 of 38 Via Personal Service Ms. Mary Lucid 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 Sept. 21, 2021 Item #12 Page 26 of 38 Ms. Mary Lucid Feb.26,2019 Page 2 This is not the first 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 11disrespectful and unprofessional behavior and communication" towards city staff and various members o_f 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, 11[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 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." 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 Avenue 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 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 Sept. 21, 2021 Item #12 Page 27 of 38 Ms. Mary Lucid Feb.26,2019 Page 3 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 strkt 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 partici e ·n Senior Center activities. IY.\ICL.1-'l'la 'cl( City Manager ·'- Sept. 21, 2021 Item #12 Page 28 of 38 Exhibit 3 (city of ·carlisbad April 23, 20~9 Via Personal Service Ms. Mary Lucid 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 26, 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, harassing, hosti_le 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 appointmenf 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 atthe 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 Sept. 21, 2021 Item #12 Page 29 of 38 Ms. Lucid Aprfl 23, 2019 Page2 sh~t.ited questions in a taunting manner. You have previously targeted this employee in this wa,y, Both employees reported that your behavior was menacing. As described in the City's first notice of suspension, the City has repeatedly requested .that you . correct your beh,;1vior and interactions with City employees. Ba,sed on the complaints we have received since February 2~, 2019, 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, int_imidating or harassing• others, including staff (California Penal Code 602.lb)." Accordingly, per the Senior C:enter Hules of Co.nducti YOUR PRIVILEGE TO USE THE SENIOR CENTER IS HEREBY IMMEDIATELY SUSPENDED FOR A PERIOD OF FOUR (4) WEEl{S. The f?ur (4) week period begins on the date of this letter .. During this suspension period, yoy wiU not be allowed to use the Senior Center. In othEwwords, please refrain from entering the Senior Center during this suspension period. If you violate this suspension, the City will take a·ny 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 intention;,illy interferes with any lawful business carried on by the employees of a public agenty open to the public, by obs~ructing or intimidating those attempting to carry on business, or those person$ there to transact business with the public agency, and who refuses to leave the premises of the public agency aft~r being requested to leave by the office manager Qr a supervisor of the public agency, or by a peace officer acting at0the request of the office manager or a supervisor of the public agency, is guilty of a misdemeanor, punishable by imprisonment in a co1,Jnty jail for up to 90 days, or by a fine of up to four hundred dollars ($400), or by both that imprisonment and fine." T~e City of Carlsbad, as an organizatio_n, 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 takEY'R-X and all actions necessary to correct the behavior that led to your suspension. Aft! the 9uspenslon period, if you can abide by the Senior Center Rules of Conduct, you are w I~: to return to the Senior Center. :~c~:dw:, City Manager Sept. 21, 2021 Item #12 Page 30 of 38 September 24, 2019 Via Personal Delivery Ms. Mary Lucid (_ 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 Citys 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 Sept. 21, 2021 Item #12 Page 31 of 38 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 about certain 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 close 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 her supervisor as inappropriate. As described in the City's prior Notice to Immediately Cease and Desist, and the two prior notices of suspension, the City has repeatedly requested that you correct your behavior and interactions with City employees. Based on the complaints we have received since your last suspension, the City finds that your actions are once again in violation of the City's Administrative Order No. 45 -Respectful Workplace & Non-Discrimination Policy and 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)." Accordingly, in order to provide City employees and volunteers with a harassment free work environment, as required by law, YOUR PRIVILEGE TO USE THE SENIOR CENTER AND ANY CITY FACILITY, EXCEPT CITY HALL AND THE CITY COUNCIL CHAMBERS, ARE HEREBY IMMEDIATELY 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 Center 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 conduct 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 Sept. 21, 2021 Item #12 Page 32 of 38 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 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 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 hundrec_l 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 behavior 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 Sept. 21, 2021 Item #12 Page 33 of 38 December 13, 2019 Via Email and Certified Mail Ms. Mary Lucid ( 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 Hall 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 meetings of the anger management program conducted by Recovery International. It has been brought to our attention that you made 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 other 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 allowed 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 Conduct and any other City facilities rules of conduct. If you violate this. suspension, 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 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 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 t he City Manager City Hall 1200 Ca rl sbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t Sept. 21, 2021 Item #12 Page 34 of 38 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. a ick City Manager Sept. 21, 2021 Item #12 Page 35 of 38 January 14, 2020 Via Personal Delivery Ms. Mary Lucid (_ City of Carlsbad NOTICE OF REINSTATEMENT OF THE THIRD NOTICE OF SUSPENSION TO USE CITY FACILITIES AND NOTICE TO IMMEDIATELY CEASE AND DESIST HARASSING AND THREATEN IN G CO NDUCT TO WARD CITY STAFF; EFFECTI V E IMMED IATELY 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 return to the Senior Center and all other C-bad facilities ---library and parks on Dec. 24 in order to attend the Christmas lunch. [sic]" It being the holiday season, I gave you the benefit of the doubt that the certificate you presented to me met the requirements of your suspension. Having reviewed the third suspension notice issued to you, the terms of the suspension required you to "provide proof of attendance at fifteen (15) in-person meetings of the anger management program conducted by Recovery International." 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 Ha ll1200 Carlsbad Village Drive I Carlsbad, CA 92008 I 760-434-2820 t Sept. 21, 2021 Item #12 Page 36 of 38 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 Sept. 21, 2021 Item #12 Page 37 of 38 1 From: Mary Real  Sent: Friday, September 3, 2021 1:22 PM  To: Scott Chadwick <Scott.Chadwick@carlsbadca.gov>; City Clerk <Clerk@carlsbadca.gov>; Council  Internet Email <CityCouncil@carlsbadca.gov>; Tammy Cloud‐McMinn  <Tammy.McMinn@carlsbadca.gov>; Faviola Medina <Faviola.Medina@carlsbadca.gov>; Mary Real  <anewday4Me2020@gmail.com>  Subject: Want to APPEAL suspension dated Aug.30 from C‐bad Senior Center  T‐o Whom It may Concern:   I am appealing the Notice of Suspension dated August 30th and delivered to   my home after 6 P.M., from the C‐bad Sr. Ctr.  I understand that I get 3 minutes to speak to clear up any and all "misunderstandings"  and that I may submit documentation and written arguments to exonerate myself.  Please let me know when my hearing will be so that I can speak at the city council   meeting.  I was told the next meeting is scheduled for the 14th of September.  Is that  correct?  Mary Lucid  ‐  CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. Exhibit 5 Sept. 21, 2021 Item #12 Page 38 of 38 Council Memorandum September 20, 2021 To: From: Via: Honorable Mayor Hall and Members of the City Council Kyle Lancaster, Parks & Recreation Director kyle.lancaster@carlsbadca.gov, 760-434-2941 Scott Chadwick, City Manager {city of Carlsbad All Receive -Agenda Item# lJ.. For the Information of the: CITY COUNCIL OateCj/J..1/;./CA ✓cc ✓ CM ✓ ACM ✓ DCM (3) v Re: Additional Materials Related to Staff Report Item No. 12 (Mary Lucid's Appeal of the Fourth Notice of Suspension from the Carlsbad Senior Center (Districts -All)) This memorandum provides copies of 14 email chains Mary Lucid sent to City of Carlsbad staff. The emails include information exemplifying the conduct forming the basis of the decision to suspend Mary Lucid from the Carlsbad Senior Center. Attachment: A. 14 email chains from Mary Lucid to city staff cc: Geoff Patnoe, Assistant City Manager Celia Brewer, City Attorney Allegra Frost, Deputy City Attorney Parks & Recreation 799 Pine Ave. I Carlsbad, CA 92008 I 760-602-4650 t From: To: Subject: Date: Dear Ms. Lucid: Mike Pacheco Mary Real; Margaret Hamer RE: Reopening plans 4 Sr. Ctr and Cooling Zones Friday, October 16, 2020 8:54:06 AM I received your voicemail message yesterday morning and called you back yesterday afternoon and left you a voicemail message. We will not be pursuing a waiver to reopen the senior center until we have specific state and county guidance to do so. The City Manager's Office strongly concurs with this decision. Staff attempted to contact Dr. Hamil for several months. She finally responded that she no longer oversees the program and there has been no interest from anyone else at CSUSM to pursue the program. Please let me or @Margaret Hamer know if you need any further information regarding senior center operations. Sincerely, Mike Pacheco (City of Carlsbad Mike Pacheco Recreation Services Manager 760-434-2858 I Mike.Pacheco@carlsbadca.gov 799 Pine Avenue, Suite 200 Carlsbad, CA 92008-2428 www.carlsbadca .gov Facebook I Twitter I You Tube I Flickr I Pinterest I Enews Thanks, -Mike From: Kyle Lan caster <Kyle.Lancaster@carlsbadca.gov> Sent: Thursday, October 15, 2020 3:26 PM To: Mike Pacheco <Mike.Pacheco@carlsbadca.gov> Subject: FW: Reopening plans 4 Sr. Ctr and Cooling Zones Mike- Please see email below from this afternoon. As discussed, please add an review of the Dr. Hamill request to your phone conversation with her later today. Thanks. -Kyle From: Mary Real Sent: Thursday, October 15, 2020 3:00 PM To: Kyle Lan caster <Ky le.Lancaster@carlsbadca.gov>; Mary Real Subject: Fwd : Reopening plans 4 Sr. Ctr and Cooling Zones Hi Kyle, There is great energy and willingness to "go beyond" the status quo in Oceanside and Encinitas. You might want to explore this with your current team to provide a better experience for seniors (and a cool in g zone) . When you have new ideas people respond well unless they are so "set in their ways" that they just want the same old same old. Look how long it took to get Zentangle??? Also, I never did get an answer from MP about why Dr. Sharon Hamill, a PHd from UC San Marcos was not wanted at the C-bad Sr. Ctr.???? Don't YOU think it is time for some guidelines and supervision for the staff? Looking forward to hearing from you or MP about this, Mary Lucid -----------Forwarded message--------- From : Mary Real Date: Tue, Oct 13, 2020 at 7:50 AM Subject: Reopening plans 4 Sr. Ctr and Cooling Zones To: <kyle.lancaster@carlsbadca.gov>, Mary Real Hi Director Kyle Lancaster, I was talking to some other sen ior center managers and they are contacting their legal depts. re waivers of liability to reopen some services outside or inside with spacing and mask protocols to satisfy the safety procedures ( and cleaning). The current P & R staff seems to be waiting for more State guidance. Is it possible to step up discussions on serving the senior community? Some mgrs may be more nervous or content with the current status quo than others so your leadership skills in looking for more solutions may be necessary. Please contact me at your earliest convenience to discuss this. I am also concerned about having more than one person "deciding" what is allowed at the senior center. What are you going to do about setting standards for responding to the requests from seniors about programs of interest? The YMCA has a protocol for this. Thank yo Mary Lucid -CAUTION. Do not o en attachments or click on links unless sender and know the content is safe. From: To: Subject: Date: Dear Ms. Lucid: Mike Pacheco Mary Real; Kyle Lancaster RE: Thanks for the call back ---I was on another call! Friday, October 16, 2020 10: 14:00 AM I'm available all day. What time works best for you? -Mike From: Mary Real Sent: Friday, October 16, 2020 9:58 AM To: Mike Pacheco <Mike.Pacheco@carlsbadca.gov>; Kyle Lancaster <Kyle.Lancaster@carlsbadca.gov>; Mary Real Subject: Re: Thanks for the call back --- I was on another call! Please let me know when is a good time to set up a call to discuss these issues so that I am home to receive you call? Thanks, Mary Lucid On Fri, Oct 16, 2020 at 9:55 AM Mary Real wrote: Dr. Hamill was promoted to another position but prior to that promotion, she had a govt. grant to aid seniors and visited the senior center in C-bad and spoke with Valerie Fisher. Valerie told me that the program was a go but cancelled that visit to help seniors fill out forms and provide Blood Pressure readings after a few months of telling me it was a go! Miscommunication? Or one person (part timer with a set schedule) making decisions about what is best for seniors? Why is it that Staff can do whatever is best for Staff but may not be best for the seniors? Why is there not a committee or more than one person 'in charge' of responding to requests from seniors? Preserving the status quo seems to be the #1 priority at the Sr. Ctr.! HHS holds meetings to discuss Covid and reopening of the Sr. Ctr. ---does anyone from the C-bad Sr. Ctr. attend these meetings? Mgrs and staff at the Oceanside and the Encinitas Sr. Ctr. have more re-opening plans including cooling centers open to actually serve the senior population. One comment about the current C-bad Sr. Ctr. part time mgr. is that Maggie Hamer is "nervous" which I have already discovered! The other cities have full time managers! These centers are planning for the 2020/2021 upgrades. Why is Carlsbad "lagging" behind in serving seniors? Are the people in Encinitas and Oceanside more imaginative, more experienced or more friendly toward seniors and change? CAUTION. Do not o en attachments or click on links unless sender and know the content is safe. From: To: Subject: Date: Hi Mary, Mike Pacheco Mary Real RE: General ? Thursday, October 29, 2020 12:03:00 PM Please find the answers below in blue. Thanks, -Mike From: Mary Real Sent: Wednesday, October 21, 2020 4:43 PM To: Mike Pacheco <Mike.Pacheco@carlsbadca.gov>; Mary Real Subject: General ? Hi MP: How long have you been a supervisor at the Senior Center? I have overseen the Recreation Division for five years, whi ch includes the seni or center. What is the mission statement for the Sr. Ctr.? The senior center fol lows the depart ment's mission stat ement that is posted on the website: https://www.carlsbadca.gov/civicax/fi1ebank/blobdload.aspx?Blob1D=27648 What is your greatest accomplishment for the benefit of seniors so far? Personally delivering meals door-to-door and provid ing reass ura nce to homebound seniors during a global pandemic. We have provid ed over 30,000 meals to seniors to date. Why is there no oversight of employees? Th ere is overs ight of employees. Thanks, Mary Lucid, CAUTION. Do not o en attachments or click on links unless sender and know the content is safe. From: To: Subject: Date: Hi Mary, Mike Pacheco Mary Real RE: Follow up ?"s from original email ?s Monday, November 2, 2020 2:52:00 PM Please find the answers below in blue. Thanks, -Mike From: Mary Real Sent: Monday, November 2, 2020 1:40 PM To: Mike Pacheco <Mike.Pacheco@carlsbadca.gov>; Mary Real Subject: Follow up ?'s from original email ?s Hi MP: Delivering meals sounds like a personal satisfaction not a professional accomplishment. I meant a professional achievement like keeping more computers in the computer room instead of downsizing? I meant something like actually responding to a request from ping pong players for a curtain ( they waited for some action for over one year and even volunteered to pay for a curtain???) since they had not gotten any response from the part-time Sr. Ctr. management! How have you rectified this lack of responsiveness by your management team? Your example above about staff not being responsive for installing a curtain for ping pong players is not accurate. We are aware the ping pong players claimed they had previously asked to have a curtain installed, but we don't know who they asked because management was never made aware. The moment management received their request we immediately had a curtain installed. How many home deliveries did YOU actually do during the last 9 months? I did not keep track of the number of meals I delivered. I did not take off a single day from March until the end of June and worked in the kitchen for three to four hours every day preparing meals and then delivering them. Qnce summer programs started and we reopened community centers I had to stop helping with the sen ior meal program in order to oversee other operations. Thanks for your response, Mary Lucid From: To: Subject: Date: Dear Ms. Lucid : Mike Pacheco Mary Real RE: Thanks for the call back ---I was on another call! Monday, November 9, 2020 3:55:00 PM I received your voice mail message today regarding your request to discuss over the phone about the tone of my recent emails I sent you. I am more than happy to schedule a phone call with you. Please provide me with a few dates and times to schedule the call. FYI, I tried to schedule a phone call with you below on Oct. 16, but you never responded. Thanks, -Mike From: Mike Pacheco Sent: Friday, October 16, 2020 10:15 AM To: Mary Real Kyle Lancaster <Kyle.Lancaster@carlsbadca.gov> Subject: RE: Thanks for the call back ---I was on another call! Dear Ms. Lucid: I'm available all day. What time works best for you? -Mike From: Mary Real Sent: Friday, October 16, 2020 9:58 AM To: Mike Pacheco <Mike.Pacheco@carlsbadca.gov>; Kyle Lancaster <Kyle.Lancaster@carlsbadca.gov>; Mary Real Subject: Re: Thanks for the call back ---I was on another call! Please let me know when is a good time to set up a call to discuss these issues so that I am home to receive you call? Thanks, Mary Lucid - On Fri, Oct 16, 2020 at 9:55 AM Mary Real wrote: Dr. Hamill was promoted to another position but prior to that promotion, she had a govt. grant to aid seniors and visited the senior center in C-bad and spoke with Valerie Fisher. Valerie told me that the program was a go but cancelled that visit : to help seniors fill out forms and provide Blood Pressure readings after a few months of telling me I it was a go! Miscommunication? Or one person (part timer with a set schedule) making decisions about what is best for seniors? Why is it that Staff can do whatever is best for Staff but may not be best for the seniors? Why is there not a committee or more than one person 'in charge' of responding to requests from seniors? Preserving the status quo seems to be the #1 priority at the Sr. Ctr.! HHS holds meetings to discuss Covid and reopening of the Sr. Ctr. ---does anyone from the C-bad Sr. Ctr. attend these meetings? Mgrs and staff at the Oceanside and the Encinitas Sr. Ctr. have more re-opening plans including cooling centers open to actually serve the senior population. One comment about the current C-bad Sr. Ctr. part time , mgr. is that Maggie Hamer is "nervous" which I have already discovered! The other cities have full I time managers! These i centers are planning for the 2020/2021 upgrades. Why is Carlsbad "lagging" 1 behind in serving seniors? Are the people in Encinitas and Oceanside more imaginative, more experienced or more friendly toward seniors and change? CAUTION. Do not o en attachments or click on links unless sender and know the content is safe . nize the From: Mike Pacheco To: Mary Real Subject: Re: Discussion Times 4 Phone Call??? Monday, November 16, 2020 8:0S:S3 AM Date: Dear Ms. Lucid: Please call, Thanks, -Mike and enter conference entry code:-1 and then press#. On Nov 16, 2020, at 7:48 AM, Mary Real wrote: MP: What is the phone number and meeting code for our phone call this morning? Or are you going to call me ? Please respond by email B4 our 9 A. M. meeting time. Thank you Mary Lucid On Fri, Nov 13, 2020 at 10:36 AM Mike Pacheco <Mike.Pacheco@carlsbadca.gov> wrote: i Dear Ms. Lucid: i i I If you wanted 24-hours' notice, then you shouldn't have said you were available . at 9am today when you emailed me at 3pm. I emailed you at 5:52 pm and that's l a 15-hour riotice and not an 8-hour notice as you stated in your voice mail message this morning. 'Thanks, -Mike 1 From: Mary Real : Sent: Friday, November 13, 2020 9:31 AM : To: Mike Pacheco <Mike.Pacheco@carlsbadca.gov>; Mary Real Subject: Re: Discussion Times 4 Phone Call??? I need more notice than U have given me as I do not check my devices that often. ! Please allow 24 hours notice??? Thank U Maiy Lucid On Fri, Nov 13 , 2020 at 9:27 AM Maiy Real · wrote: Talk 2 U Monday On Fri, Nov 13, 2020 at 9:16 AM Mike Pacheco · <Mike.Pacheco@carlsbadca.gov> wrote: Dear Ms. Lucid: I responded below to your email yesterday to schedule a phone call this morning at 9am during the availability you provided. I waited 1mtil 9: 15 on the phone but you never called in. Let's fly again on Monday, 11/16 at 9am. I will not be on the call this time unless you respond to this email to confirm you will be on the call. Please call,_ and enter conference entry code-and thenpressr.- · Thanks, -Mike From: Mike Pacheco Sent: Thursday, November 12, 2020 5:52 PM · To: Ma1y Real Subject: RE: Discussion Times 4 Phone Call??? I ! Dear Ms. Lucid, Let's talk tomorrow, Friday, 11/13 at 9am. i Please call, and enter conference entry code: -and 1 then press#. Thanks, -Mike From: Mary Real Sent: Thursday, November 12, 2020 3:00 PM To: Mike Pacheco <Mike.Pacheco@carlsbadca.gov>; Mary Real Subject: Discussion Times 4 Phone Call??? 1 Hi MP: Every Monday, Wednesday and Friday, in the early morning hours ' between 9 A.M. and 11 A.M. for the rest of this week and all of next week- 1 --Nov. 16th thru the 20th. I Just let me know what time is good for your schedule. , Mary Lucid I CAUTION. Do not o en attachments or click on links unless ou I reco nize the sender and know the content is safe. i ~---~-------------------- 1 . CAUTION. Do not o en attachments or click on links unless ou , reco nize the sender and know the content is safe. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From: To: Subject: Date: Hi MP:· Mary Real Mike Pacheco; Mary Real Thank you for calling me 2 respond 2 my ?"s Monday, November 23, 2020 9:23:13 AM I asked you some ?'s about the Carlsbad Senior Center to get a more complete picture of the scope of the Sr. Ctr.s direction and growth or service to seniors over the past few years. I thank you for responding. I understand that it can be "annoying" to have to explain oneself to the powers that be! I really do not ask ?'s to annoy you or harass anyone at Park & Rec. who feel that asking what the plans are to improve service to seniors in the area are not their job to answer! You mentioned that YOU were responsible for 'allowing' me, a senior citizen, to get meals from the drive thru lane. I am curious as to why you started restricting meals to "approved" residents of C-bad in the first place. I am sure that the federal govt. is pleased with your decision. I would think that the Ctr. would rather give out subsidized meals to all seniors in the area without restrictions. I would be very happy if you changed the phone message so that area seniors would not be "confused" about your decision to restrict service to seniors. 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.! I keep wondering if he thinks M Hamer's actions toward senior citizens is disrespectful ----threatening a senior with loss of her volunteer status, suspending a woman who is on medications for leaving her art supplies in the center, and slandering someone who only wants the best for the seniors at the C-bad senior center, and reporting a resident of C-bad who criticized her skills as a mgr to HHS for suspected senior abuse! Even other P & Rec mgrs think MH is "nervous". It seems to me that the direction of serving the seniors has deteriorated over the past 4 years. What are you and your staff doing to rebuild or revitalize the direction of service to seniors in the coming year when the Ctr. reopens? Thanks, Mary Lucid From: To: Subject: Date: Mary Real Mike Pacheco Fwd: What are the pros and cons of having a Community Center? Tuesday, November 24, 2020 8:41:11 AM ----------Forwarded messa From: Mary Real Date: Tue, Nov 24, 2020 at 8:36 AM Subject: What are the pros and cons of having a Community Center? To: le.I n er earl adc . v <k:yle.lancaster@carlsbadca.gov>, Mary Real Dear Director Kyle Lancaster: What are the pros and cons of having a Community Center and how are senior citizens protected? What are the pros and cons for the City and the Park & Rec. administration? Thank you, Mary Lucid CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From: To: Subject: Date: Hi MP: Mary Real Mike Pacheco; Kyle Lancaster; Scott Chadwick Re: Time 2 Talk? Re Community Center pros & cons/ Wednesday, December 2, 2020 1:51:16 PM From my experience with your part time senior center manager, she is not as experienced or as truthful and she is 'supposedly' fearful of talking with me since I have reported her twice to HR. I requested to speak with you as I am more familiar with your 'smooth talking' excuses and you usually do not lie about me "scaring the crap " out of you when we talk. So for my own protection, I prefer to talk to you. Are you not as familiar with the options of the future direction of Park & Rec.? Ordo you not want to discuss options with a senior? Are you satisfied with the status quo and can not see any room for improvement? As I recall your staff did not want to have Zentangle art classes and now they are quite popular and good for seniors. You are welcome for the help from me, a senior. Thanks for your time, Mary Lucid On Wed, Dec 2, 2020 at 10:39 AM Mike Pacheco <Mike.Pacheco@carlsbadca.gov> wrote: j Dear Ms. Lucid: Thank you for your email. I also received your voice mail message this morning. '. According to your voice mail message you are asking about senior center operations. Have I you already discussed this with Margaret Hamer? She would be the appropriate contact to discuss matters related to the senior center. Thanks, 1-Mike · From: Mary Real Sent: Tuesday, December 1, 2020 1 :51 PM To: Mike Pacheco <Mike.Pacheco@carlsbadca.gov>; Mary Real I ubJect: Time a . e ommunity Center pros & cons/ Hi MP: 1 I am interested in the pros & cons of a community center and what protections seniors have under this system? When is a good time for you to talk? ; Thanks I 'Mary Lucid CAUTION. Do not o en attachments or click on links unless ou reco nize the sender and know the content is safe. CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From: To: Bee: Subject: Date: Attachments: Good Morning, Margaret Hamer Mary Real Mike Pacheco RE: Voicemail follow up Monday, December 7, 2020 8:32:00 AM image002.png Yes, let me know the best time to call you, 9 or 11 a.m. so I can better address your questions. Sincerely, Margaret From: Mary Real Sent: Monday, December 7, 2020 8:01 AM To: Margaret Hamer <Margaret.Hamer@carlsbadca.gov>; Mary Real Subject: Re: Voicemail follow up Community Center Leadership??? On Fri, Dec 4, 2020 at 4:10 PM Margaret Hamer <Margaret.Hamer@carlsbadca.gov> wrote: Good Afternoon Ms. Lucid, I am following up on a voicemail you left for Mr. Lancaster regarding the senior center and intergenerational programs. To discuss these topics, I am available to talk to you on Monday at 9 a.m. or 11 a.m. Let me know what time works best for you and I'll give you a call at the number you left with Mr. I Lancaster. Sincerely, Margaret 1 (Cityof Carlsbad Margaret Hamer Recreation Area Manager 799 Pine Avenue Carlsbad, CA 92008-2428 www.carlsbadca.gov 760-602-4682 I margaret.hamer@carlsbadca.gov Facebook I Twitter I You Tube I Pinterest I Enews From: To: Subject: Date: Mary Real Margaret Hamer; Mary Real Community Center Pros and Cons for Seniors Monday, December 7, 2020 8:58:27 AM To Recreation Area Mgr. M Hamer: I would rather have an email response to my question about the Pros and Cons of having all services to teens, special needs, sports, and seniors under one umbrella. What does that mean for the seniors? An email response will prevent any 'false impressions' or 'misunderstandings' as there will be a written record. Thanks for your time and understanding. Gregory Boyle , "Tattoos on the Heart" wrote : Kinship ---not serving the other but being one with the other.Jesus was not ' a man for others; ' He was one with them. There is a world of difference in that It must be difficult for a Park & Rec. person to look good to Management and to do Good for the seniors and the teens and the special needs and sports people! Activities at the Sr. Ctr. have been cut back from three or four years ago even as seniors account for 20% of the population. There is a world of difference from PR image and actual satisfaction among Senior Citizens with the level of service currently seen. How are you going to make the Sr. Ctr. more Senior Friendly? Seniors do enjoy "napping" and they enjoy activities in the afternoon! How are you going to expedite communication among the seniors with the right person (Decision Makers) to answer the ? they have submitted to the customer service desk? I heard a rumor that you, M Hamer, want to buy Panic Buttons for the staff in case of emergency. Is this true? Are you considering wearing a camera to document your interactions with seniors in case of complaints by seniors to your bosses or outside agencies of Mistreatment? How many complaints have been made against you to Human Resources? In any case 2021 is a new year and another opportunity to serve seniors and to provide more benefits to the community. I hope that You and the upper Management will expand and find more creative ways to serve the Senior Community. Thanks for you thoughts, Mary Lucid From: Mary Real Mike Pacheco To: Subject: Re: Info Request Reply??? Date: Tuesday, December 15, 2020 10:55:25 AM I am not satisfied with your response as I do not get the idea that you are planning to make the Senior Center more friendly and active for seniors. Service and classes and activities and welcoming seniors at the Senior Center has gone downhill starting 3 or 4 years ago. I am not referring to intergenerational activities where the participation by seniors was minimal. Please enlarge your answer and response for the benefit of seniors! On Tue, Dec 15, 2020 at 10:39 AM Mike Pacheco <Mike.Pacheco@carlsbadca.gov> wrote: Dear Ms. Lucid: Margaret is currently out of the office and therefore I will respond to your question regarding the pros and cons of combining the services to teens, special needs, seniors under I one umbrella. I The City of Carlsbad Parks & Recreation Department has not had any discussions to combine these services. The department provides services, programs, parks and facilities for residents of all ages and abilities. Adults of all ages have a choice to participate in programs with some being offered specifically for adults 50+ that include nutrition, transportation and ' recreation programs. ' Please continue to submit future inquiries related to the senior center and to intergenerational programming directly to Margaret via email, and Margaret will respond. Sincerely, Mike Pacheco (City of Carlsbad ' Mike Pacheco Recreation Services Manager 760-434-2858 I Mike.Pacheco@carlsbadca.gov , 799 Pine A venue, Suite 200 Carlsbad, CA 92008-2428 ' www.carlsbadca.gov I Facebook I Twitter I You Tube I Flickr I Pinterest IEnews I From: Mary Real ! Sent: Monday, December 14, 2020 11: 11 AM To: Margaret Hamer <Mar ret.Hamer c rl . <Mike.Pacheco@carlsbadca.gov>; Mary Real I Subject: Info Request Reply??? I I have not had an answer from you or your staff about the pros and cons of combining the services to teens, special needs, seniors under one umbrella. Will the budget be detailed as to what group gets what money and services? ! Is your staff on vacation for the Christmas holiday? i When do anticipate a response or are you still figuring it out? Thanks, Mary Lucid From: To: Subject: Date: Mary Real Margaret Hamer; Kyle Lancaster Concerns regarding communication among staff 4 requests by Seniors Wednesday, February 3, 2021 9:43:09 AM Hi M Hamer & Director Lancaster: A lower level mgr. emailed me that any delay in addressing senior concerns was the fault of the seniors addressing their concerns to the wrong person ( not a decision maker or DM) rather than a "breakdown of the system for responding to senior requests??? I personally asked for Zentangle classes and had to wait for almost two years to overcome all of the excuses by Staff as to why Staff could not supply an instructor! Only when the city mgr. instructed P & Rec to "get it done" did Staff "Get it Done". This is not acceptable according to the standards advertised in PR about the friendly, helpful customer service by the Best City employees . .Is P & Rec and Staff here to Serve the best interests of Seniors or is Park & Rec only out to serve the Staff by not asking/requiring staff to innovate on behalf of seniors? What are your plans to fix any glitches in the current system? Also, the two private offices (which you used for an office 4 Jennifer Bouros temporarily) were used by HICAP and private consultations to benefit Seniors to fill out forms and consultations by professionals. What are your plans to upgrade services and grow attendance at the Sr. Ctr. when you re-open? Thank YOU for anything you can do for Seniors in North County including adding more WU bowling among the Sr. Ctrs ---using volunteers to interact with seniors so staff can do other things??? CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. From: To: Subject: Date: Attachments: Mary Real Kyle Lancaster; Mary Real Re: Expansion of P&R Department Memorial Program Tuesday, March 16, 2021 12:09:03 PM image00l.png Thank you for this response. Now if you could find a reason to support Zentangle classes which aid seniors to stimulate and use our brains and is fun to do! When the classes were Free or reasonably priced for seniors, who do not have city pensions, the classes were well attended and popular as well. Maybe your current part-time Sr. Ctr. Mgr. wants to impress you by making money for the Sr. Ctr. so that she looks good? Or maybe she is not authorized to take donated money from the senior fund to subsidize something that is beneficial for seniors? The price structure seems 'writ in stone' at 60/40% of any class fee . As the Director you get the credit or the blame for the success or failure at the Senior Center. Please use your authority to do better for senior citizens especially during this Covid time? (41$ / 45 minute class) to over ?100.00 ???? Specifically, Please reduce the prices of Zentangle from a dollar a minute about to Free or donation or get a grant ? Lastly, how can your staff fail to make Wii Bowling fun so that M Hamer has an Excuse 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 and 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? What is your plan to expand the Sr. Ctr. ? Gratefully, Mary Lucid Mary Lucid On Tue, Mar 16, 2021 at 9:24 AM Kyle Lancaster <Kyle.Lancaster@carlsbadca.gov> wrote: Ms. Lucid- : I received your voice message inquiring about the potential expansion of the Parks & I; Recreation Department Memorial Program and the requested appropriation of funds. Below , is a link to this afternoon's City Council Meeting Agenda Packet, which contains the staff report and the corresponding exhibits on the memorial program (Item No 10-Pg. 543). Descriptions of the existing memorial program, the options for potential expansion of that . program, and the anticipated expenditures associated with the potential expansion of that i program, are contained within the subject staff report and corresponding exhibits. I I . https://cityadmin.carlsbadca.gov/civicax/filebank/blobdload.aspx?BlobID=47008 Thank you. -Kyle i ~ . Cityof Carlsbad Kyle Lancaster, CPRP 1 Parks & Recreation Director I Parks & Recreation Department i ! 1 City of Carlsbad I . ; 799 Pine Ave., Ste. 200 ! Carlsbad, CA 92008 I , www.carlsbadca.gov i j 760-434-2941 1760-434-5088 fax I Kyle.Lancaster@carlsbadca.gov ; I . ; Facebook I Twitter I You Tube I Pinterest IEnews Tammy Cloud-McMinn Ail Receive -Agenda Item # a From: Mary Real <anewday4me2020@gmail.com> For the Information of the: Sent: To: Subject: Monday September 20 2021 3·30 PM CITY COUNCIL City Cle/k· Council lnter~et Email· Mary Real· Kyle Lancaster Date°!/21/J.J CA ...,,.... cc -::---.,.,.... ' ' ' /K ..-"'15CM {3) ✓ Comments on Item 12 for 9-21-2021 Council Mtg. CM_ACM_ - I am very concerned about the comments on the 4th Suspension for me, Mary Lucid. It seems, according to M. Hamer, who I have reported to Human Resources 2 times for unprofessional conduct, that she is stockpiling or holding on to dubious judgment calls about my "conduct". She considers it: violative while a judge in Vista might call it free speech . You can ask Noel Breen about that when the litigation is settled. She said I "repeatedly" asked for Zentangle and Wii Bowling classes and then I did not attend the class on Zentangle which was over 120.00 dollars for 4 or 5 classes). This seemed to irritate M. Hamer! She was also annoyed that I questioned why the Wii bowling class was not well attended? The poster promised fun and social activity but the Senior Center did not deliver the Fun. They were OK with just giving up on a fun activity which gives seniors some exercise and laughter. For .such creative writers ----using such negative words to describe me!---such as 'aggressive engaging with and berating city employees' Beauty is in the eye of the beholder who may be "nervously reacting to her dislike of any senior who asks questions and makes constructi_ve suggestions. She, M. Hamer, referred to emails dated 11-23-2020 ,3-16-2021, and 5-6-2021 with my thoughts. It was a freedom of speech expression of my opinion and or suggestions questioning Park & Rec employees actions. Please explain why she is stockpiling her "grievances" toward me. Is it personal since she doesn't like anyone questioning her actions. I never worked for a company that allowed staff to say I won't deal with that customer because I do not like their attitude! Apparently, I am Larry David or the cartoon character Maxine of the C-bad Senior Center. M. Hamer also restricted my movement by telling staff to have me stay in the car while they determined if I was eligible to receive food as there was a sign saying C-bad residents only for the cafeteria drive thru food pickup. I question the judgment of M. Hamer who used the contract with the County for home delivered meals on wheels which states food delivery is within the boundaries ofthe City delivering the food, to restrict access to any senior citizen in the area. The Germans also wanted to narrow the focus of those living in Germany under Hitler! Again, according to M . Hamer, I was aggressive and bullying. Then, she states the current reasons for my 4th Suspension: On 7-30-2021 she claimed that I brought in salad in a sealed container for the use of seniors who missed having a salad . Lee Anderson, a generous and social senior who bought the salad and asked me to retrieve it from his car as he moves very carefully and slowly. I did bring the food in for the benefit of 2 tables of seniors courtesy of Lee and I was warned not to do that again . It is interesting that seniors bring in food for birthday parties and special celebrations. Now that is banned and the senior center has certified food handlers who could distribute this food safely. Other seniors centers do not just put the TV dinners on the table with plastic flatware and they upgrade the food for seniors with salads. Carlsbad does not want to supplement the meals even though the State distributes over $5 .00 dollars per meal to Carlsbad . I assume you are interested in the Truth not just accusations by Staff who have a personal grudge against me. Again , according to M. Hamer I was insulting to staff and made baseless accusations. There were no details regarding my supposed comments. I have spoken many times before the City Council and have not made baseless accusations. Are the general public not allowed to question the Staff? Should we all just say Yes, to whatever Staff alleges? As to the most serious of the allegations towards me, the August 13th, 2021 incident : 1 M. Hamer approached a group in the cafeteria with her cell phone filming us ---she did not ask us if it was OK to film us ---she felt entitled to not greet us and to film anything she wanted to! I stood up and began filming her with my cell phone Instead of displaying good judgment and laughing at the absurdity of dueling cell phone videos or displaying a Sense of Humor, she made a choice to display pique and victim mentality by backing away behind a balloon near our table. I moved 2 steps around the table to film her. She said to Shannon "See, see what she is doing to me???? She then moved away and I did not leave the table. I seem to recall that there was a glass case in the main hallway full of pictures of seniors in the cafeteria. Is M Hamer now on the Media and Public Relations team in addition to her other duties? I Did NOT prevent her from walking around and taking more pictures. She does not feel comfortable talking to seniors. She does not even greet Paul who sings and helps seniors and who is outspoken and over 35 years of age .. Please dismiss this biased and untrue depiction of my actions. As to the "disrupting" activity of "shouting" and being rude and demeaning to Mike Pacheco, M Hamer's boss/supervisor, this is an exaggeration of the facts slanted to show me in "a bad light." I was speaking in a normal tone of voice in the corridor where Mike Pacheco approached me after eavesdropping on my conversation with someone who actually likes seniors and treats them well. Again, this a matter of free speech. I have never found Mike Pacheco to be incapable of speaking his version of the truth ---he is usually very glib in defending why Park & Rec is not at fault ---after two years of excuses as to the true intent of why the Senior Center does things to monetize the return on the investments at the senior center ----I am not as gullible or trusting of Park & Rec staffers as I was 3 years ago! I am suspicious of the management decisions by M. Hamer because she let 4 year olds to 12 year olds, whose parents paid at least 193.00 dollars per week per child for a sports camp which was held at the Senior center. She closed down one wing to monetize the senior center during Covid for the money. I would have gone directly· to Staff but I did not want to be written up by the Senior Center Manager who holds a grudge and does not address the concerns of seniors. To avoid conflict, and waste my time, I expressed my concerns about unvaccinated 4 to 11 years being in close proximity to seniors to the County Board of Health, who respected my right to question the safety of her decisions. Seniors have a right to be treated well at the Senior Center. M . Hamer took it personally and was not happy with me. Also, when the water damaged the cables for the computers at the Senior Center, both M Hamer and Mike Pacheco said that the Seniors could go to the library which is a mile uphill away from the Pine Ave Senior Center! This showed me that the convenience of staff and the money saving attitude put Staff first and showed an ignorance or lack of compassion for the needs of seniors! AARP has a games app on the computer to aid in mental acuity so that seniors can delay or assuage their fears of dementia or diminishing mental capacity for as long as possible! Not all seniors drive and not all seniors are fit enough to walk uphill and cross the street at the freeway in a timely manner! It would save money for the senior center as far as t ime by staff both IT and customer service people, to fill up the printer and solve issues with the computers. Again Park & Rec. made a decision that was good for them and not as friendly to actual seniors. Seniors also socialize in the computer room which is part of the joy of using the computers at the senior center. Mike Pacheco bemoaned the fact that the Library Foundation receives so much money in the wills of wealthy people! suggested that the reason for the generosity of the Library Foundation toward Library activities for the good of all people is because the Library actually gives to people in the community without sticking out a hand to collect top dollar for any service . Please dismiss these allegations and ask the Park and Recer's to appoint an Ombudsman from among those seniors who actually attend the Senior Center on a regular basis and can communicate with M Hammer without incurring her wrath. Also ask Park & Rec to have seniors who use the center consult on a Code of Conduct, which was drawn up to address the homeless invasion of the senior center because there was no cooling center or place for the homeless. I think Jack Risley was in charge of dealing with that. There was no input by seniors as to having a panel of sen iors determine what the Rules should be and how seniors should not be banished or isolated from the senior center 2 as employees could and do say they are uncomfortable with certain seniors. Who hires and fails to train these nervous 20 somethings? Some people at the senior center think I am being singled out by M Hamer and Kyle Lancaster because I speak up for Seniors. Jack Risley was the one who encouraged seniors to come to the Senior Center and get a hug and a friendly greeting. M. Hammer seems uncomfortable with the idea of hugs or warm human contact because of her upbringing or???? I don't know why she seems to infer that there is something wrong with my wanting to hug people I am glad to see after so long. I want to assure her that if she has some fear or illusion that I am interested in her sexually, I can assure her that She is not my type at all ! ! ! ! Please dismiss this suspension, and void all such suspensions of seniors who annoy the staff. Is this how Park & Rec want to provide Excellent customer service to all people in the community? I graduated from the Citizens Academy and have been a volunteer all of my life and am excellent in dealing with most people who aren't scared to spend money on buying salad for the seniors! It is interesting that M Hamer, according to the word on the street wants to have seniors buy their own games and wants them to not enter the Sr. Center until 15 minutes before the class or club activity! How friendly is that? Please advise Staff to study the Senior Center for ways to improve it or form a separate Senior Center like the Library under the City Mgr., if he can be impartial! Mayor Matt ---are you pressing t he Park & Rec people too hard to save money???? Chris Hazeltine, told IT to install 3 computers for the seniors until the computer room reopened. He settled things at the lowest possible level in favor of both seniors and management without "banning" people on some false pretext. Director Kyle Lancaster, isn't it time to upgrade the Senior Center to a full time Senior Center person who actually likes seniors? Kevin Granse ran the Senior Center before Mark Olsen and M . Hammer, and managed the employees to give excellent customer service to all. He did not allow them to determine what they would or would not do for people. It is time for you to lead and set up the future for the gray tsunami. Thanks for using common sense in your decision, Mary Lucid CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 3