Handcrafted Gifts by 168 Local Artists Holiday Entertainment & Complimentary Art Classes Photos with Santa • And More !
lagunabeachindy . com NOVEMBER 10 , 2023 13
City Manager
PAGE 1
In Raileanu ’ s memo , Dupuis alleged that Weiss became “ aggressive , agitated and intimidating ” during a meeting in July or August of 2021 . The report also stated that Weiss became angry , raised his voice and pounded his fist on Dupuis ’ s desk in a separate Oct . 22 meeting . Finally , it states Weiss criticized Dupuis “ openly , repeatedly and relentlessly ” in his personal newsletter and in open city council meetings .
Raileanu ’ s findings reported these allegations to be sustained .
The investigation did not find that Weiss ’ behavior towards the former city manager during the summer 2021 meeting to be based on Dupuis ’ protected class . It also denied the allegation that , during that same meeting , Weiss had a “ wet stain on the groin area of ( his ) pants due to inappropriate conduct .”
The memo also found Dupuis ’ s claim that Weiss said the Feb . 9 vandalism of her home was an “ inside job ” to distract from the release of records regarding Dupuis receiving a traffic citation to be unsubstantiated .
Finally , the investigation rejected Dupuis ’ s allegation that Weiss encouraged the public to make demeaning , hostile or unprofessional remarks about Dupuis in public forums , including social media .
“ On July 18 , Dupuis ’ s attorney Craig Scott sent a letter to Phil Kohn , the city attorney at the time , saying , ‘ I ’ m requesting a settlement of 33 months of salary , plus attorney ’ s fees and a retirement ( package ) from the city . And if not , I ’ m going to file a $ 3 million claim against the city ,’” Whalen said during his summary of the related closed sessions .
During the July 24 closed session meeting , the city made Dupuis a counteroffer of 18 months of severance pay instead of the 33 she proposed . A week later , council members were updated on the investigation during another closed session meeting .
“ Paying ( Dupuis ) roughly $ 450,000 was the least expensive way for us to get out of a situation that we found ourselves in , which was the threat of litigation , a $ 3 million claim , and I ’ m still convinced that it was the right decision from a purely financial standpoint ,” Whalen said . “ Reaching a settlement , putting it behind us , moving forward to select a new city manager and getting back to conducting the business of the city ,” Whalen said . “ If we had a lawsuit going on for two years with depositions from council members and city officials , it would have been a huge distraction . I didn ’ t think it was worth that . I think it would have been a negative for the city and the community .”
Weiss denied all of Dupuis ’ allegations and thanked residents for their support throughout the investigation , adding that council members are not city figureheads but instead exist to serve residents .
“ Asking meaningful questions that test the presumptions of the city manager and staff is not harassment ,” Weiss said . “ It ’ s called functional representative local government . Pointing out misrepresentations or omissions of information by the city
manager is not bullying . It is accountability that supports informed decision-making by the council .”
At the Nov . 7 meeting , Weiss and members of the public remained dissatisfied with the partial release outcome , calling for full transparency and the entire investigative report to be made public .
Retired First Amendment and freedom of information attorney Jim Grossberg said Weiss wants the entire record of the matter made public so residents can evaluate the facts . “ California law requires complete release of the information if the public interest and disclosure outweigh any privacy interests served by secrecy ,” he told council before the votes were cast . “ As a consistent line of court decisions establish , this is just such a case . No blanket grant of anonymity to witnesses , or anyone else , is permitted , giving the compelling public interest in disclosure .”
“ Alternatively , council can delegate the
HANDCRAFTED GIFTS & HOLIDAY MAGIC
November 17- December 17 , 2023 Five 3-Day Weekends , 10am-7pm
Handcrafted Gifts by 168 Local Artists Holiday Entertainment & Complimentary Art Classes Photos with Santa • And More !
SAWDUSTARTFESTIVAL . ORG
* Laguna Beach residents receive free entry every Friday , with valid ID . decision whether to release the records by appointing a well-qualified neutral attorney acceptable to all council members ,” Grossberg went on to say . “ No other alternative will dispel the cloud over council .”
Shohreh Dupuis officially left her position as city manager on Sept . 1 . The now-retired city attorney Phil Kohn announced the decision after the city council met in a closed session on Thursday morning , Aug . 24 .