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Cathy Neville
By DEREK MOORE
THE PRESS DEMOCRAT
The California Department of Food and Agriculture is considering whether to weigh in on the firing of Sonoma County Agricultural Commissioner Cathy Neville, the first time state officials have publicly acknowledged interest in the case.
But what that interest entails or what triggered it remains unanswered.
Greg Dion, a deputy Sonoma County attorney, said Monday that the state agency requested the 11-page letter that Supervisor Efren Carrillo gave to Neville on March 1 notifying her that supervisors intended to fire her for cause.
Steve Lyle, a spokesman for Food and Agriculture, confirmed Monday that state officials are reviewing documents but he declined to elaborate.
The timing of the state’s interest raises questions because the central point of contention in a lawsuit Neville filed against the county is whether the state has the exclusive authority to remove a commissioner from office, or whether county officials have that power as well.
Neville contends that supervisors acted illegally in retribution for her politically unpopular decision to fire Amy Cooper, the county’s former director of Animal Care and Control. Cooper has since been rehired.
Neville’s suit is the first test of state laws that reference the early dismissal of agricultural commissioners, who are appointed to four-year terms. As a result, the case is being closely watched statewide.
“We are concerned that the appropriate processes are followed,” said Mary Pfeiffer, president of the California Agricultural Commissioners and Sealers Association.
The association’s stance is that only the state can remove commissioners from office. “If the county wants to fire her (Neville), there is a process essentially to go get her license,” Pfeiffer said.
She said the laws were written that way to protect commissioners from political reprisal at the local level. She gave the example of a commissioner trying to implement a state-mandated pest eradication program over the protest of local factions.
But county attorneys contend that supervisors have the constitutional authority to remove an agricultural commissioner for cause.
Neville was fired for allegedly creating a toxic work environment for employees, lying in a county-led investigation and failing to show leadership on high-profile agricultural initiatives.
County attorneys argued in legal briefs submitted Friday that the Legislature’s wording in the law that references when agricultural commissioners can be removed from office clearly demonstrates their intent to allow counties “the ability to sever the employment relationship.”
The state has jurisdiction only over licensing and a commissioner’s qualifications, the county asserts.
The Department of Food and Agriculture’s interest in the case could signal that state officials have concerns with the county’s stance. Or, they may be researching whether to convene a hearing into the status of Neville’s license, which if revoked, would prevent her from seeking employment as a commissioner anywhere in California.
Neville maintains in her lawsuit that the county’s process to fire her was “arbitrary and capricious and contrary to state law.” She refused to appeal Carrillo’s termination order and instead filed her lawsuit, in which she seeks to get her old job back plus back pay, benefits and attorney’s fees.
Stephen Murphy, Neville’s San Francisco-based employment law attorney, said she will respond to the county’s legal arguments in court documents he plans to submit on Friday.
Sonoma County Superior Court Judge Patrick Broderick has scheduled a May 17 hearing on the case.
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@ blue iguana:
At the end of your last post you made a good point:
“I’m not saying Ms. Neville is innocent, but so far, I haven’t heard of anything that she’s guilty enough for losing her job. But, I guess in 2011 you still can’t be a “brusque woman” without it upsetting the children.”
I think you hit on another big issue here…that of keeping “uppity women” in their place. If you’re female and you happen to be a hard-ass or straight forward and candid, you’re already in trouble.
Women, after all this time of their “liberation” have yet to gain the White House and are still expected to shut up and resort to being manipulative in order to gain power.
And the craziest thing about this societal pressure is that most of it is exerted by other women. Call it “woman-on-woman crime.”
I’m sure Ms. Neville isn’t perfect and she might be difficult as a boss. However, all the whining about her horrible behavior strikes me as coming from other women who decided she didn’t act enough like a stereotyped version of a woman to make them feel “comfortable.”
This little Peyton Place drama is more revealing about the County than anything else.
Carrillo screwing someone who doesn’t get promoted and her boss gets the ax.
The Board of Supes jumping all over it without going through the right channels.
The PD trashing and sliming Neville (and who knows the truth?) and deifying Cooper.
The obvious question is: Why was the firing of Amy Cooper such a big deal? Where are all of these people on this site coming from–the thumbs down people? Why are they out in force?
Toadies, yes-men, sneaking-around-in-the-halls-gossiping types, and the ones who think they’ll get something if they jump on the bandwagon.
A gross display and a diversion. The County is hiding something.
@ blue iguana:
Well, for once, I am speechless…that pretty much sums up reality…
@ TheObserver:
Government jobs ARE popularity contests. That’s why we’re in the quagmire that we’re in as a nation right now and it’s why everyone hates government workers; and they’re RIGHT in doing so.
Promotions are given to those sleeping or drinking with the right people and, sometimes, to those that NEVER make waves even if those waves are great ideas. Don’t step on the wrong person’s toes with those ideas because then you get a jealous approval-seeker out to get you. (Severe approval-seekers, or approval whores as I call them, probably make up 98% of the government work force. Yet it’s not the taxpayer they’re seeking approval from – oh no – it’s those that can get them promoted – “the adults” – that they’re seeking it from. So, do you think they’re ever, really interested in the present job that they’re supposed to be doing. Heck no!)
I decided to opine in this forum because I’m tired of the propaganda, basically, and I see this drama unfolding every, single, day between approval-seekers (the 20-somethings still aggressively pursuing popularity) and those that are older and totally no-nonsense but not interested in bounding in with “high cheerleaders, who wants a Starbucks?” with a song in their voice.
And yes, I too, was mortified early on when the PD used that angelic little picture of Amy with her innocent little glasses, surrounded by animals. The picture of innocence.
And even then, before we knew anything about Ms. Neville, she was a pariah in the press.
I’m not saying Ms. Neville is innocent, but so far, I haven’t heard of anything that she’s guilty enough for losing her job. But, I guess in 2011 you still can’t be a “brusque woman” without it upsetting the children.
@ blue iguana:
Yes, if work is nothing but a popularity contest, then it is exactly like high school. I find it unnerving to hear poster after poster say how much they “love” Amy Cooper and how “evil” Ms. Neville is. Who cares? that’s a bunch of emotional drivel. I swear these union people behave exactly like children.
@ ricardo sorentino:
poor judgment is poor judgment, whether it is a DUI or inappropriate relationships at work. The difference here is that the DUI did not happen at work and has nothing to do with Ms. Neville’s issue. What the supervisor is doing does happen at work and is therefore more questionable.
Great points, Observer and Blue Iguana. Carrillo should haved recused himself, obviously. The witch hunt mentality around here is appalling. It’s the culture now, to persecute people that don’t agree with you or do something you don’t like. The DUI is completely irrelevant to this case. We have 2 generation X or Y guys on the Board of Supervisors who were obviously coddled and want to play the blame game. I’m sick to death of hearing people attack Ms. Neville with their baseless arguments. I hope she wins her case and that supervisor Carrillo is cited for a conflict of interest.
Hope the county gets their BUTTS spanked!!! They never admit any wrongdoing and waste our money on stupid lawsuits. FIRE the County counsel personnel and bring in real attorneys that know how to guide, properly advise and resolve cases.
RE: TheObserver – “What about cavorting with female employees in relation to whom there is an imbalance of power? Is that poor judgement? I’d say so.”
Does ‘poor judgement’ fall under ‘illegal’? Driving under the influence and resisting arrest is not only ‘poor judgement’, it’s actually illegal, as you well know.
One way or another, the firing of Ms. Neville will run its legal course. Sure wish you’d come clean and let us all know why you are so obsessed with Ms. Neville and her termination. I sure don’t remember you being ‘obsessed’ and challenging everyone here when Ms. Cooper was terminated.
Come on, TheObserver, why don’t you put all your cards on the table so we can better understand your obsession, I mean motivation.
@ mockingbird
You certainly have a lot to say. Some of the statements you made could only be known by an insider. Is your name Susan?
Sounds like the former Ag Commissioner is in a public sector union which appealed her firing. The state Ag Association??? What is that?
Neville needed to go and the county finally made up its mind and did the right thing. End of story.
@ mockingbird:
Mr. Carrillo’s private life has plenty to do with job performance because it is about judgment.
Everyone here keeps saying that Ms. Neville’s bad judgement about the DUI should cause her to be fired.
What about cavorting with female employees in relation to whom there is an imbalance of power? Is that poor judgement? I’d say so.
Observer, yes, it was Mark Twain who said that youth is wasted on the young and it’s quite accurate.
And, it was Shakespear who said, “the (Mockingbird) doth protest too much”.
I wonder if he/she realizes they just proved our point?
“So-and-so was hired by prom queen Janie and I don’t like prom queen Janie so let’s get her!!”
It’s NOT POLITICS you all. The board took this up AFTER all the complaints from the workers AND the community. They took this up AFTER the firing of Amy Cooper after Amy was given glowing reports about her work from the community. The firing even surprised the CAO, Veronica Ferguson, who was told while on vacation.
Just because Efren is involved does not mean it was just his decision. He was representing the BOARD and the county CAO’s office. You all might not like his private life but I don’t know why that has anything to do with the Neville issue. Personally I don’t see a problem with his private life.
If the county pay someone’s salary it is expected they perform the duties, especially at the top level Neville was at. She DID NOT and it’s clear. It’s not solely about the workers, or SEIU but the community too.
She’s another Bob Dies hiree. He’s gone, she’s failed at her job so she needs to be gone too. As an agricultural community we need someone who can work with the community.
@ blue iguana:
Was it Mark Twain who said: “Youth is wasted on the young”?
GenY or Millennials, as they are called, are selfish as a group, but it’s their parents’ fault. They were taught that they are special and deserve special treatment. They were taught that they never fail and that if it appeared that they failed, it was someone else’s fault. All in the name of “healthy self-esteem.”
This creates a sociopathic mindset that is narcissistic at best and criminal at worst. I mean, I look at Mark Zuckerberg and I’m disgusted…he’s a little punk who stole a bunch of good ideas and got rewarded for it. He was a pirate and he gets celebrated. I wish that he and his stolen product would go away.
My parents taught me exactly the opposite of what Millennials are taught. That I was not special and that I needed to distinguish myself through hard work if I wanted the finer things in life.
As a result, I don’t feel entitled to anything I don’t earn and when confronted with failure, I try to learn from it rather than blame someone else.
If anyone actually feels sorry that this was my childhood experience, don’t be. It was the best training possible for the bumpy roads of life. I can emotionally and physically survive anything because of that training, but a Millennial can’t because their parents coddled them.
Nowadays, if a supervisor is difficult, as Ms. Neville may have been, she has to be fired because she was firm with the Millennial children.
I’m very suspicious of young people and their motives. They are disrespectful and feel entitled. But, again, I mainly blame their parents who thought they were raising children with healthy “self-esteem,” instead of the little monsters we see running the world now.
I’m going to watch how this plays out with great interest. In what I’ve gleened so far, I can’t help but wonder if Ms. Nevill isn’t the scapegoat of a certain Supervisor who’s had his hand caught in the zipper along with maybe being tired of hearing from a certain someone about her “meanie” co-worker who got promoted.
Let’s face it people, the under-40 crowd has been raised to believe that if they don’t like someone, then it must be the other person’s fault and just being a jerk is enough to try to get them fired because, remember, they were taught that if “they didn’t play right they need to leave the sand box”.
The majority of my co-workers are also in their 20′s and it’s become upalling to me how unable they are to just accept people for who they are and how hard they try to isolate and remove those THEY deem as “unfit.” And by “unfit” it’s always about personality. NEVER about ABILITY. (I also work for the government.)
Something tells me, I’m not the only one over 40 who’s noticed this.
It is clear that the state has an interest in the Neville case. These rules that give California the authority to at least weigh in on the dismissal of an ag commissioner, were put in place to avoid exactly what has happened to Ms. Neville in Sonoma. She has been made a local political scapegoat and her life ruined by local politics.
The PD articles, while generally condemning Ms. Neville, also have condemned the County for its obvious conflicts of interest, including the personal conflict of a supervisor, dating a Union steward who Ms. Neville passed over for a promotion; as well as for secrecy.
I think that Carrillo should have recused himself from this entire process in light of his close personal relationships with county employees. There is no “good guy/woman” in any of this. What is certain, is that the taxpayers are supporting all this political nonsense.