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Little controversy in Livingston emails
Published: Nov. 8, 2013
THE CONTENTS of dozens of
emails which the City of Carmel fought to hide — but which
were released to The Pine Cone Tuesday after the attorney who
heavily redacted earlier versions was taken off the job —
revealed the concerns of a woman heavily involved in the
operation and preservation of her city, but little else.
The correspondence between former councilwoman and Carmel
Residents Association President Barbara Livingston and city
administrator Jason Stilwell, as well as with Mayor Jason
Burnett, focused on code enforcement, planning issues,
recommendations of candidates to serve on city boards, and some
of the chatter around town regarding recent hires and
investigations into longtime employees, leaving wonder about why
they had been hidden in the first place.
Livingston, who at first also refused to let The Pine Cone see
her emails, changed her mind at the same time the city did.
“I am in agreement that the City of Carmel, in consultation
with the city attorney and myself, will release the emails
exchanged between me and city officials,” Livingston said in an
email to The Pine Cone this week. “Newspaper editors and readers
will see that these messages are nothing more than the
observations and thoughts of a private citizen who deeply loves
her beloved village of Carmel-by-the-Sea. I will, of
course, continue to communicate with the city and urge fellow
citizens to do the same.”
Different attorney, different results
The change of heart came after Burnett said last week that
attorney Heather Coffman, who works for the San Francisco law
firm of Liebert Cassidy Whitmore, had failed to uphold the
council’s promise to interpret the California Public Records Act
broadly, in favor of the public’s right to observe the city’s
business. Stilwell began submitting all requests for public
documents to Coffman several months ago, instead of running them
past city attorney Don Freeman. The result was that much was
hidden — including all sorts of things that shouldn’t have been.
Released Tuesday, with very few redactions (such as private
email addresses and the like), the emails between Stilwell and
Livingston address issues such as sign regulations, fairy lights
lit year-round, houses being used as illegal short-term rentals,
right-of-way encroachments, negotiations about the future of
Flanders Mansion, and the possibility of selling unused city art
to help pay for renovation of the Forest Theater and the city’s
2016 centennial celebration.
Her emails to Burnett were more personal and articulated her
worries about the current state of the city. In early September,
she encouraged him to introduce all the new directors to the
community at a meeting that “should be very schmoozy, very
fuzzy, very warm” — which was eventually done at Sunset
Center in mid-October.
“Put a human face on these people. Tell everyone how to contact
the city with concerns — everything through Jason Stilwell? Is
that really a good idea? Looks very controlled,” she wrote. “I’d
invite [Pine Cone publisher] Paul Miller too. You might even
address the commute of <redacted> and <redacted>.
Explain why they don’t move here, live here.” (She was likely
referring to administrative services director Sue Paul and
public services director Sharon Friedrichsen, both of whom were
hired this year by Stilwell and lived in Southern California.)
“I don’t know how you will explain the employees on
administrative leave, but that is a problem that needs
addressing,” she said, adding that he should also say that “you
will be using local legal firms from now on.”
In an email entitled, “Confidential,” she began, “Hi Jason.
This email is just for you. I’m deleting after sending.” In it,
she articulates some of the personality conflicts in the
centennial committee that includes former Mayor Sue McCloud and
retired businessman Merv Sutton, “rumors and disquiet about the
<redacted>,” chatter about the city paying for commute
costs, employees living outside the area “not being vested in
the village” and being friends of Stilwell’s, and the lack of
transparency in the monthly check register — an issue that has
since been addressed by the addition of a very basic column
indicating what the expenses are for. She also suggested the
city hire a PR person “to anticipate controversial things, to
meet with the press, to issue press releases about what is
happening in the city.” (Former longtime journalist Lewis Leader
has been hired to fill this role.)
“I am maintaining a strong defense for the city but feel I am
losing the battle,” she concluded.
Other correspondence with Burnett included an inquiry whether
he had considered joining a campaign called “Mayors Against
Illegal Guns,” and suggestions about candidates to serve on the
city’s boards and commissions, with the idea that they might
eventually run for city council.
“For my part, I would like to congratulate Barbara for being
quite a conscientious citizen,” said Pine Cone publisher Paul
Miller. “Her advice is certainly being taken seriously at city
hall, but there isn’t really anything in her emails to raise
eyebrows, and they obviously should never have been hidden in
the first place.”
“Thank you to our staff for straightening out the situation,
following city council policy, and releasing what our outside
law firm should have released a month ago,” Burnett told The
Pine Cone Thursday. “It is pretty clear why this law firm will
no longer work on our public record requests.”