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cash for the embezzlement charges, the attorney said. —Karen Garcia
Atascadero, SLO County won’t join Monterey Bay Community Power
Atascadero and unincorporated San Luis Obispo County residents will not have Monterey Bay Community Power (MBCP) as a choice for electricity in 2021—a decision that breaks away from the recent votes of six other local cities. On July 9, a divided Atascadero City Council opted not to agendize a decision to join MBCP, a public community choice energy (CCE) agency currently serving Santa Cruz, San Benito, and Monterey counties. MBCP is expanding south in an effort to unify the Central Coast. MBCP enters in power contracts and sells often cleaner electricity to resident and business customers, while PG&E maintains the grid infrastructure. Twelve CCE agencies in the state are currently operating in PG&E territory. The Atascadero City Council was split 3-2, with Mayor Heather Moreno and Councilmembers Heather Newsom and Roberta Fonzi in the majority. They expressed skepticism about CCE in general, wanted more information about MBCP’s financials, and were concerned about its governance structure. Fonzi noted developments at Clean Power Alliance in Ventura County where some high electricity demand customers are seeing increasing rates, putting participating cities/counties on their heels. “I feel like I need more information before I commit my entire city to participate with MBCP,” Fonzi told New Times. Councilmembers Susan Funk and Charles Bourbeau disagreed and wanted to see the issue agendized in August for a decision. “Not to do so, it says we’re not willing to do the homework that we were elected to do to make decisions for our city. That’s going to be tough to defend,” Funk said. Earlier the same day, the SLO County Board of Supervisors also declined to agendize a discussion about MBCP. County officials have been trying to land a contract with a consultant to do a risk analysis of MBCP that can be presented to the board. But Chief
Administrative Officer Wade Horton said it’s unlikely the report will be ready by MBCP’s August deadline. “I am disappointed,” said 2nd District Supervisor Bruce Gibson, who made a failed motion on July 9 to agendize the discussion. “This idea we have to check the financials of MBCP is surprising to me because they’re a public entity that’s had tremendous success. That’s why so many cities are signing up with them.” Gibson added that he believes the resistance to MBCP is in part political and ideological. “There remains some significant ideological opposition to this, and that’s truly disappointing,” he said. “These folks are playing politics with our energy future.” —Peter Johnson
Mindbody is being sued for labor code violations
A former employee of Mindbody claims the company violated labor code by failing to properly pay him and others for their hours worked. A complaint filed on July 1 against Mindbody, alleges that Daniel Cardwell and all current and former hourly paid or non-exempt employees who worked for Mindbody any time during the period of four years before the filing of the complaint were not paid for all the hours worked and missed meal periods. The complaint states that Cardwell doesn’t know which other employees might be in the same situation, but he estimates that there are more than 50 people and “the identity of such membership is readily ascertainable by inspection of defendant’s employment records.” Mindbody employed Cardwell and other individuals as hourly paid or non-exempt employees from March 2017 to November 2017, the lawsuit claims. Cardwell worked more than eight hours in a day and/or 40 hours in a week during his employment with the company, according to the lawsuit, and did not receive overtime compensation for all overtime hours worked. The complaint claims that Mindbody engaged in a pattern and practice of wage abuse against its hourly paid or nonexempt employees. The company, the complaint alleges, did not give Cardwell meal periods or a regular rate of pay when a meal period was missed and did not give at least
minimum wage for all hours worked. The complaint also alleges that Cardwell did not receive all wages owed to him upon discharge or resignation. Furthermore, according to the complaint, Cardwell and other individuals did not receive complete and accurate wage statements from the company, and he accuses Mindbody of not keeping complete and accurate payroll records. “[Mindbody] had the financial ability to pay such compensation, but willfully, knowingly, and intentionally failed to do so and falsely represented to Cardwell and other individuals that they were properly denied wages in order to increase the company’s profits,” the complaint reads. New Times reached out to Mindbody officials, who stated they “could not comment on pending litigation.” The parties must appear for a first case management conference on Oct. 24 at San Luis Obispo Superior Court. —Karen Garcia
Atascadero firefighters can now display their tattoos
The Atascadero Fire and Emergency Services will temporarily modify its tattoo policy, allowing firefighter personnel to leave their tattoos uncovered with some limitations. The temporary modification will be implemented on a trial basis, taking effect July 8 through Sept. 9. “It is common for the newer generation coming into the workforce to have tattoos that show,” he said. “We would like to still be able to hire these employees with tattoos, but also have updated guidelines to restrict the offensive ones as well as those that are located on the head or neck.” Fire Chief Casey Bryson told New Times the department has hired both seasonal and full-time employees over the last several years with tattoos on legs, upper, and lower arms.
The department is reflective of the community Bryson said, and tattoos are much more common than they were several years ago. Current department policy states that all existing tattoos for current employees shall be covered while the employee is in uniform and that appropriate measures such as long sleeve shirts or short sleeve shirts that have been modified to cover the tattoos, trousers, or natural colored bandages are used to cover all visible tattoos. He said when temperature in the summertime approach three digits, wearing long sleeves while in uniform is not comfortable or safe. “As a department, the trial policy will allow us to be progressive while keeping our people cooler and potentially safer in hot weather,” Bryson said. At the end of the trial period it will be determined if this will become a permanent policy modification, a summer exception, or if the Fire Department will return to current standards. With that in mind, Bryson said he welcomes any and all community feedback. Bryson said he received input from fire chiefs around the state because departments all over the nation have gone through this discussion. “Most have policies requiring concealment of anything offensive or any tattoo on the face, head, neck, or hand. Other departments echo the same sentiment that it has become normal in today’s society,” he said. Δ —Karen Garcia
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