Judge rules for H.B. in use of anti-nepotism policy in disqualifying 2 marine safety officers from promotion

An Orange County Superior Court judge ruled in favor of Huntington Beach in a legal complaint filed by two brothers in the Marine Safety Division who alleged the city used its anti-nepotism policy to disqualify them from a promotion when it actually was retaliating for one brother’s union activity.

Presiding Judge Geoffrey Glass ruled March 14 that the city’s Personnel Commission, which handles appeals of grievances, was “sufficiently impartial” in dealing with the complaint from Michael and Todd Bartlett.

Commissioners discussed the matter in closed session in 2015. They sided with city officials and upheld the city’s personnel rules and polices, which disqualified the Bartletts from applying for lieutenant. If one of the brothers had received the promotion, he would have directly supervised the other, according to City Attorney Michael Gates.

Gates said he recently made an agreement with the Bartletts’ attorney in which the city will waive reimbursement for its costs if the brothers don’t appeal Glass’ ruling.

“I think justice was served in this case and the right outcome was achieved,” Gates said.

The Bartletts’ attorney, Adam Miller, did not respond to a request for comment.

The brothers currently are marine safety officers under division Chief Michael Baumgartner. Each has more than 25 years’ experience as a lifeguard.

According to a 2015 lawsuit filed by Miller, Baumgartner and then-Fire Chief Patrick McIntosh told Michael and Todd Bartlett in 2014 that they were disqualified from the lieutenant position because of the city’s anti-nepotism policy.

The Bartletts contend that when they previously applied for other positions in the division, they were never told their relationship would affect their ability to move up the ranks.

They allege Baumgartner notified the city of their relationship in retaliation for Michael Bartlett’s activities as president of the Marine Safety Management Assn. People in other city departments have supervised their family members, according to the complaint.

Michael Bartlett argued in 2012 and 2013 that the Marine Safety Division should be under a department “more equipped to handle emergency management issues,” rather than the Community Services Department. The city later placed the unit under the Fire Department.

During those two years, Baumgartner dropped one emergency response unit, cut lifeguard services at Huntington Dog Beach and restricted overtime, according to the complaint.

Michael Bartlett circulated fliers disputing Baumgartner’s decision about the dog beach, which prompted other officials to criticize Baumgartner’s actions, according to the complaint.

The lawsuit also alleges Baumgartner was taking “large amounts” of overtime meant for lieutenants and marine safety officers while other people’s overtime was cut. Michael Bartlett told the fire chief, and Baumgartner stopped assigning himself shifts meant for others, according to the lawsuit.

Gates denied the allegations against Baumgartner, saying the Bartletts chose him as the “bad actor.”

Gates also contended the city acted based on policy, not retaliation.

“Union leaders always have differences with managers,” he said. “That’s the nature of the beast, and yet others are treated fairly and given promotional opportunities.”