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