Patterson council asks Councilwoman Lustgarten to resign

Council members have asked embattled Councilwoman Sheree Lustgarten to resign from her elected post. If she does not resign, council members want her to undergo a fitness-for-duty examination.

The action came at a closed special meeting Tuesday on an investigation into Lustgarten’s conduct at the Hammon Senior Center. For some time, people have complained that she has been rude and has intimidated seniors and employees at the Hammon center.

Portions of a recently released report on an independent investigation into the councilwoman’s behavior might seem comical if vulnerable seniors were not involved.

But the revelations turned ugly at the end of Tuesday’s closed session on the report’s findings. Special legal counsel Shelline Bennett reported that after the probe was completed, Lustgarten left numerous emotionally charged, threatening and profane phone messages for city officials.

According to Bennett, the councilwoman “has stated in front of several witnesses, regarding one council member, that if that council member leaked out of closed session, I quote, he’s dead. He’s dead.”

A hysterical message, said to be from Lustgarten, was played in the council chambers. The woman calls a city official a “god damn lying son of a b----” and continues, “you better have that attorney call my attorney now.”

The city is seeking a temporary workplace violence restraining order that would bar Lustgarten from visiting the senior center and City Hall, except to attend council meetings. Attorneys said they expect a decision on the order Friday.

Lustgarten, who was absent at Tuesday’s meeting, did not return calls from The Modesto Bee asking for comment.

According to the report out of the closed session, the council wants the fitness-for-duty evaluation “as it’s not clear (Lustgarten) is competent to continue to hold her office.”

In other actions, the council:

▪ Asked Lustgarten to pay back about $5,000 in legal fees that the city paid for her during the investigation;

▪ Asked that she participate in training on prevention of discrimination, harassment, retaliation and abusive conduct in the workplace;

▪ Directed Lustgarten to communicate only with the city manager or city attorney in writing regarding city business;

▪ Ordered staff to prepare a resolution to formally admonish the councilwoman.

The council also will remove Lustgarten from appointed positions on city boards or commissions or any advisory roles.

“The city does not tolerate harassment or bullying of any kind, and will continue to diligently investigate any complaints it receives,” City Manager Ken Irwin said in a statement.

Mayor Luis Molina said city elected officials need to be held to high standards of ethical conduct.

News leaked in January that an independent probe was looking into conflicts at the senior center and complaints to city officials about Lustgarten’s behavior. The concerns included claims that Lustgarten, who is 53, bullied and intimidated seniors who opposed or criticized her, and threatened some of them with legal action.

The report released this week concluded that seniors and volunteers at the center “more likely than not” felt bullied, intimidated and belittled by Lustgarten’s behavior. The investigation dismissed an allegation that her conduct violated the city’s discrimination and harassment policy.

The 110-page report on the investigation described a “civil war” between Lustgarten and her supporters, and others who didn’t care for her actions to dictate policy at the center. The conflicts arose after Lustgarten became involved with a Senior Meals Task Force.

According to the report, Lustgarten’s aggressive physical behavior involved snatching bingo cards from a senior and grabbing an ice cream container from another individual.

The investigation revealed multiple reports of Lustgarten engaged in verbal confrontations with seniors. A number of people interviewed by the investigator said she displayed a tendency to “scream, yell and threaten” when anyone questioned her or challenged her authority.

On some occasions, witnesses said, she rose from her chair and pointed her finger at a senior while angrily raising her voice, the report said.

Lustgarten was elected to the council in 2012 and is set to come up for re-election in November 2016.

This story was originally published July 16, 2015 at 6:03 PM with the headline "Patterson council asks Councilwoman Lustgarten to resign."