The Pine Cone's fourth story of the week

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Before suit was filed, legal bills were $34K

By MARY BROWNFIELD

Published: August 7, 2009

DEALING WITH a manager’s complaints of sexual harassment, age- and gender-based discrimination and retaliation by Carmel City Administrator Rich Guillen cost taxpayers nearly $34,000 — before the resulting lawsuit was even filed — according to invoices provided by San Francisco law firm Liebert Cassidy Whitmore. The firm was hired by the city to address the allegations made by human resources manager Jane Miller, who has been away from city hall on medical leave since May 2008.

Numerous allegations

Miller sued the city in Monterey County Superior Court June 17. Her lawsuit accused Guillen of promoting one city employee without justification, and increasing her salary by 83 percent between 2003 and when she retired last summer. Guillen and the employee, who was married, had an inappropriate relationship, according to the suit. Miller also said Guillen embarked on a similar relationship with another employee and consequently increased her pay by 70 percent since hiring her four years ago.

Furthermore, Miller alleged, Guillen forced older employees out. He also repeatedly sought Miller’s affection, making inappropriate comments, touching her, calling her, sending emails and text messages, and contacting her at home early in the morning and late at night. She said she was intimidated by him and reported he became hostile toward her.

In May 2008, attorney Michael Stamp wrote a letter to the mayor and council advising them of Guillen’s alleged behavior. The following day, Miller left on medical leave after being “evaluated and treated for symptoms caused by the illegal actions of the city,” according to the lawsuit. She said neither that letter, nor any that followed, generated a response from the council or the mayor.

Between June 30, 2008 — shortly after Miller began taking the steps to formalize her complaint — and Liebert Cassidy Whitmore’s most recent April 30, 2009, invoice, the case has cost the city $33,476 in attorneys’ fees and $455.25 in other expenses, according to the bills furnished by the law firm.

Details of the invoices, including hourly rates, amounts of time spent and for what purpose, were redacted by attorney Suzanne Solomon.

“You have requested records that are protected by the doctrines of attorney-client privilege and attorney work product,” she wrote in a July 28 letter responding to The Pine Cone’s query. “Accordingly, the information in this request is exempt from disclosure” under Government Code section 6254(k).

She said the city agreed to provide copies of bills relating to Miller’s case “that reveal only the amounts billed and the dates of the invoices.”

She also wouldn’t disclose how much she planned to bill the city for providing the documents to The Pine Cone.

Miller’s lawsuit, which seeks attorneys’ fees and monetary damages for discrimination on the basis of gender and age, sexual harassment and retaliation, is next set to be discussed by Stamp and the city-hired attorney from Liebert Cassidy Whitmore, Richard Bolanos, in a Monterey courtroom in December.

Miller’s husband, Scott, a former Pacific Grove police chief, sued that city in 2004 alleging wrongful termination. That suit resulted in a cash settlement for Scott Miller.