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
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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
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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
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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
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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
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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???
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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 .
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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
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