Former Santa Rosa planning director files wrongful termination suit against city

Santa Rosa’s former planning chief says a request for a temporary medical accommodation precipitated her abrupt termination last September.

Clare Hartman, in a claim notice first filed with the city in February and later amended in April, alleged she faced discrimination after asking for intermittent leave granted under state and federal law to deal with an illness.

She was fired — wrongfully, the claim stated — a week later.

Hartman suffered financial losses, emotional distress, damage to personal and professional reputation and undue hardship as a result of her dismissal, according to the claim, and she is seeking an undisclosed amount in damages and attorney fees.

Hartman’s attorney, David Hiller of San Rafael, said he filed a civil suit in Sonoma County Superior Court on Thursday after the city rejected the initial and amended claim. Hiller declined to provide a copy of the lawsuit and a copy was not immediately available at the clerk’s office or in online court records.

Hartman, a veteran City Hall employee, led the Santa Rosa Planning and Economic Development Department since February 2022 before being fired Sept. 18, 2023.

City Hall officials have been tight-lipped about what led to the shakeup, and documents released in response to a public records request by The Press Democrat have shed little light into what occurred in the days before she was let go.

According to the claim notice, Hartman alleged she was fired without cause a week after requesting leave “due to a serious illness.”

The notice didn’t specify what type of medical issues Hartman was dealing with at the time or provide additional information about whether city leaders were aware of her illness prior to her request or what action they took.

“Respondent and its agents discriminated against claimant and harassed claimant based on her disability, retaliated against claimant for requesting a reasonable accommodation, failed to engage in a good faith interactive process with claimant, and failed to take all responsible steps to prevent the type of discrimination that claimant suffered from occurring,” according to the claim.

City Manager Maraskeshia Smith notified Hartman in a Sept. 18 letter that she was being terminated effective immediately, according to a copy provided as part of the records release. Smith didn't state a reason, only directing Hartman to human resources personnel for questions about benefits and returning city equipment.

Gabe Osburn, a deputy director within the department since 2015, was appointed to serve as interim director following Hartman’s departure.

Smith announced the change in leadership in a three-paragraph email to the City Council and executive staff the same day, Sept. 18, and the decision appeared to surprise at least some council members who said at the time they learned of the move from Smith’s email.

Hiller, Hartman’s attorney, said Hartman was “blindsided” and said the decision to fire her a week after she requested what he described as a reasonable accommodation was a “flagrant” violation of employment laws.

He declined to provide additional information about the city’s handling of her request or any additional details about what occurred in the days before she was fired, citing the sensitive nature of the case and the pending litigation.

The city did not respond to questions related to allegations raised in Hartman’s claim or comment on the lawsuit, citing personnel privacy safeguards.

Hartman was an at-will employee, working at the discretion of the city manager, who has hiring and firing authority over department heads.

Under the terms of her contract, she could be fired with or without cause. In the former case, that would including breach of agreement, conviction of a crime, violations of the city’s anti-harassment and discrimination policies or failure to meet job expectations.

Under the contract, Hartman was eligible to receive severance based on time served, any earned but unpaid wages and a payout of unused vacation hours if fired without cause.

Documents released as part of the records request included a separation agreement that would’ve provided Hartman with severance equal to two months’ salary — about $30,000 — in exchange for waiving rights to any future claims against the city.

Hartman did not accept, according to her attorney.

Hartman worked for the city for more than 24 years serving in various planning roles from 1999 to 2014 before being promoted to deputy director of the department, one of the most high-profile at City Hall, especially in the wake of the 2017 wildfires that wiped out 5% of Santa Rosa’s homes.

In September 2020 she was made interim assistant city manager, a role she served for 18 months, until taking over as planning chief.

As head of the department, she helped roll out the city’s governance of adult-use recreational cannabis and her staff was charged with establishing emergency rules for the operation of short-term rentals.

The department in recent years has faced budgetary constraints and vacancies that have made it difficult to keep up with workload, an issue that stretches beyond planning but that has led to criticism from developers who have said the planning process has slowed projects.

Hartman, in her claim, contended that as the first woman to lead the department she faced discrimination from community stakeholders who saw her appointment “as an issue.”

Her gender and her age, according to the amended claim, also were “substantial motivating reason(s) for her termination.”

It’s not clear whether her concerns were previously raised with city officials or if she filed any formal complaints relating to her interactions with community members or city administrators.

Hiller didn’t elaborate on the allegations or say whether Hartman had raised concerns about her work environment prior to the claim notice.

Hiller said after the initial claim was filed, the city hired an independent investigator to look into the case. The investigator asked to interview Hartman but Hiller said he declined to make her available as they weighed a possible lawsuit.

The Press Democrat has asked City Hall officials about the status of that investigation and any public records connected to it.

Hartman was hired in December as Novato’s community and economic development director.

You can reach Staff Writer Paulina Pineda at 707-521-5268 or paulina.pineda@pressdemocrat.com. On X (Twitter) @paulinapineda22.