Unspecified damages sought after claims of a hostile work environment
Former Malibu Assistant Planning Director Adrian Fernandez has filed a lawsuit against the City of Malibu claiming a toxic work environment, racism, invasion of privacy and public humiliation, eventually causing him to leave his position and find new employment. The anticipated lawsuit also names City Councilmembers Bruce Silverstein and Steve Uhring as individual defendants, as well as City Manager Steve McClary. Fernandez is suing for unspecified damages, but earlier indicated he could be seeking millions of dollars.
The lawsuit states: “Beneath Malibu’s serene exterior, City Hall is fraught with bullying, hostility, retaliation, and discrimination. Adrian Fernandez, a committed public servant, not only navigated the challenges of city planning but also endured a toxic workplace dominated by elitism, abuse, racism, and public humiliation. This lawsuit reveals the coordinated actions of city officials to silence and retaliate against an employee who simply sought to fulfill his duties.”
Fernandez, a 16-year employee, took a leave of absence from his position shortly after May 13 when he was publicly questioned in a City Council meeting during a Malibu Township Council appeal of a proposed hotel project next door to Aviator Nation Dreamland. After dozens of public speakers voiced their opposition to the project, Silverstein and then Uhring, who was then the mayor, challenged the assistant planning director to defend the Planning Department’s findings on the adequacy of the record with respect to traffic impacts, egress, noise and other issues. The May 13 council meeting is available on YouTube. Uhring’s questioning of Fernandez begins at approximately 5 hours and 44 minutes into the hearing.
The hotel project was ultimately voted down 4-1 with departing Councilmember Paul Grisanti as the sole vote in favor of the project.
Soon after the meeting, Fernandez took a leave of absence from his position claiming stress and even death threats from the public. His lawsuit also claims “allegations involve a public disclosure of private facts …at several public sessions of City Council meetings, Defendants Silverstein and Uhring disclosed the private fact that the Plaintiff had taken a leave of absence to address his mental health/disability.”
On June 24, Fernandez sent a letter to the City Council stating he wanted to “finally raise the curtain on abuses and collusion that [he] has witnessed and personally endured within the City of Malibu.” He also claimed “the last few weeks have been a private hell for me and my family. I have experienced death threats, personal public attacks, and private abuse from many sides. I have now come to the alarming realization that officials at the highest level of government, including the Mayor, have coordinated and at the minimum encouraged these attacks in concert with members of the Malibu Township Council.” In July, the city responded that it takes any allegations of abuse or harassment very seriously, but could not comment on pending legal action or personnel matters due to confidentiality.
The Malibu Township Council, which vocally opposed the proposed hotel project, responded to Fernandez’ letter stating, “Malibu Township Council denies all claims in the June 24, 2024, letter by a city staff member in connection with our appeal to the Malibu Inn Hotel. Malibu Township Council appealed the Planning Commission’s majority approval of this project to the City Council since, as designed, it did not adhere to Malibu’s General Plan, Local Coastal Program and Municipal Code. Our presentation was professional and respectful.”
MTC’s statement continued: “We will continue to speak for and against development in the ongoing public interest based on each proposal’s merits and Malibu’s codes that were put in place to protect Malibu’s unique, fragile, natural environment and our small seaside community character.”
In closing, the letter stated, “Malibu Township Council has been a watchdog for Malibu advocating for responsible development to protect this most special place since 1947. We have over the past 77 years received the respect of the citizens of Malibu and ask for the City government’s respect. Over the decades, MTC has championed the preservation of Malibu and prevented a nuclear power plant, oil drilling, a freeway, a marina, a citywide sewer system, large 4-or-more axle trucks on PCH and other attempts to exploit Malibu with inappropriate development.”
Fernandez, who ultimately resigned from his position in Malibu, is now employed by the city of Lomita as a community and economic development director.
His lawsuit was filed by a sole practitioner based in Newport Beach who lists his areas of practice to include business litigation, real estate, intellectual property, personal injury, and employment disputes. The attorney, Austiag H. Parineh, is also a licensed real estate broker.
According to the Transparent California website, Fernandez’s total pay and benefits as Malibu assistant planning director in 2022 totaled more than $215,000.