Former Lindsay Police Chief Richard Carrillo and former Lindsay Finance Director Salvador Guzman have separately sued the City of Lindsay. Both claim they were fired wrongly in retaliation for whistleblowing on alleged financial malfeasance by city staff.
In his lawsuit, Carrillo says he reported what he found to the Tulare County District Attorney’s office, and that he and Guzman were interviewed by the DA’s Public Corruption Division. While the DA’s office would not confirm or deny the existence of an investigation, a spokesman confirmed that Lindsay City Hall was served with a search warrant in early March 2024.
A note in the city’s Fiscal Year 2023-2024 audit states that the warrants were part of an investigation “into individuals serving as former management to the city,” and that some worked for the city through December 2023.
Carrillo filed suit in February, and Guzman filed suit in March. They are represented by separate attorneys, but both share some common allegations, including that former Lindsay City Manager Joe Tanner engaged in double-dipping related to vacation benefits.
Tanner was hired in 2020. He was placed under investigation and administrative leave in December 2023, and fired on March 5, 2024. After Tanner was placed on leave, Lindsay’s Director of Recreation Services, Armando da Silva, took on the title of acting city manager.
Carrillo was placed on administrative leave in January of this year, and fired in February amidst heavy public outcry against the decision, as previously reported by the Porterville Recorder and the Sun-Gazette. Guzman, who was hired in August 2023, was also fired in January 2024.
Lindsay city attorney Megan Crouch declined to comment for this article and declined to provide further detail on the investigation into Tanner, citing employee confidentiality and ongoing litigation.
An analysis of council agenda packets shows that the city paid approximately $3,979 to the law firm of Herr, Pedersen & Berglund – a separate firm from the one the city normally uses – for “MATTER: CM INVESTIGATION,” with CM presumably standing for “city manager.”
Guzman and Carrillo further claim Armando da Silva – Tanner’s temporary replacement as city manager – attempted to receive a premature raise in violation of city policy. The two one-time key employees allege it was openly expressing their concerns about the issue that led to their firings while da Silva was the acting city manager.
Da Silva is still employed with the City of Lindsay in his original role as the Director of Recreation Services.
Shelly Bryant, an attorney for Carrillo, told the Valley Voice that they expect to win their case, pointing to a recent victory for the former police chief of Parlier.
“The city should be very concerned about this case. The former police chief of Parlier recently won a jury trial,” Bryant told the Voice. “See the article at: Former Parlier police chief wins $1M lawsuit over firing by city – ABC30 Fresno. We expect the same result in Chief Carrillo’s case.”
Tanner and attorneys for Salvador Guzman declined to provide comment for this story.
In legal filings, the City of Lindsay has denied the allegations raised by Carrillo and Guzman.
$37,000 in alleged vacation time double-dipping
Guzman’s lawsuit claims that the domino effect at Lindsay City Hall started when Tanner asked to cash out his vacation hours.
Guzman says he was asked in September 2023 to cash out 80 hours, and was asked in November to cash out more. Guzman said that when he looked at the November request, Tanner had approximately 190 vacation hours over two years of employment, which “seemed excessive.”
“Guzman discovered that Tanner had been taking vacations without reporting them and then cashing out the funds. Guzman discovered that Tanner had cashed out about $37,000 in total,” the document reads.
Guzman approached Carrillo after discovering the double-dipping, which Carrillo corroborates in his suit.
“[…] Tanner admitted he had been paid cash for vacation credits that he used to get paid during his vacation absence. He offered to reimburse the city and provided a $25,000 personal check. Tanner implied that Guzman should keep things quiet,” Carrillo’s lawsuit reads. “Finance director Guzman declined to hide city manager Tanner’s unlawful conduct.”
Carrillo’s suit claims he reported the information to Lindsay City Council member Rosaena Sanchez. A special meeting was called on December 6, 2023, and Tanner was placed on administrative leave.
Da Silva’s raise – or lack thereof?
The next day, da Silva allegedly emailed other city officials attempting to receive increased pay and benefits, according to Carrillo’s lawsuit. Carrillio’s suit states he and Guzman believed receiving a raise was against city policy unless da Silva occupied the position for one month or more.
Both claim that discussing da Silva’s compensation would lead to their firings.
An online version of Lindsay’s Rules and Regulations states that an employee “who temporarily assumes the duties of a superior position for an extended period of usually one (1) month or more, may upon approval of the city manager receive premium pay commensurate with the duties assumed.”
Carrillo walked into Guzman’s “work area” when he and Mari Carrillo, Lindsay’s human resources manager, were discussing da Silva’s salary request, his lawsuit claims.
He interpreted the conversation to mean that da Silva would be in the acting role for a longer period of time, and says that he “told a few command staff members of the Police Department” that da Silva would be sticking around due to the conversation he overheard.
Gossip allegedly led to shouting match
The gossip fired da Silva up, both lawsuits allege.
Guzman claims that da Silva called a meeting with him the same day and “started yelling at [him],” alleging that he was leaking information and “telling Chief Carrillo about his payroll.”
Guzman’s lawsuit claims that da Silva’s “harassing conduct” caused Mari Carrillo to begin crying, and made Guzman “completely distraught” and feel “hopeless” after the meeting.
Mari Carrillo is still listed as the human resources manager for the City of Lindsay, but the city has had two acting human resources managers since February 5, 2024: Vanessa Duran until July 14, 2024, and Lance Rowell since that date.
Crouch, the Lindsay city attorney, declined to comment on the status of Carrillo’s employment or why Carrillo is not currently in her role.
Richard Carrillo’s suit says da Silva also came to the police department to confront him, saying da Silva was “angry” and “heard [Richard] Carrillo was telling people that da Silva was asking for a pay raise.”
Da Silva claims PD officer complained about Chief Carrillo
During the conversation, Richard Carrillo claims that da Silva said he received a complaint call about the chief from an anonymous officer. He believed da Silva was lying, and asked da Silva who the officer was – which da Silva declined to answer.
Da Silva discussed the subject with Carrillo later on the same day, the suit claims. He says he asked da Silva if it could have been “any Joe” calling him, and that da Silva replied it could have been.
Carrillo replied by stating if someone was impersonating a police officer, Carrillo could potentially obtain a warrant to identify the person who called da Silva, as impersonating an officer is a crime. The conversation ended there.
The city retroactively approved a pay raise for da Silva on December 12, 2023, according to Carrillo’s lawsuit. Video from the December 12 meeting shows that while an evaluation was scheduled in closed session for da Silva, the acting city manager, no action was reported to the public.
Richard Carrillo suspended, fired
Richard Carrillo says he was fired in January, though a press release issued by the city of Lindsay states his employment was terminated on February 8.
Carrillo claims that da Silva effectively engineered his firing during his tenure as acting city manager as retaliation for raising questions around his raise, and that da Silva “falsely stated, orally and in [a letter],” that Carrillo was “discourteous” for mentioning the pay raise request to other employees, “insubordinate,” “dishonest,” “engaged in discrimination, harassment, and retaliation,” “engaged in conduct that impaired, disrupted or caused discredit to the city” and “threatened da Silva.”
Carrillo says an investigation into the allegations was headed up by da Silva, whom he saw as a biased party that didn’t provide due process.
Carrillo took those claims public in a January 18 Sun-Gazette article, in which he is quoted recounting the story of the pay raise, the conversations he had and the alleged anonymous officer complaint. The article also includes multiple quotes from a letter which Carrillo was given on January 11.
“Da Silva drafted a lengthy letter outright alleging Carrillo of violating confidentiality, intimidation and harassment and lying. Absent though was any evidence. In fact, the letter Carrillo was served on Jan. 11 states that the city intended on firing him before any disciplinary process would have even taken place,” the Sun-Gazette article reads.
Carrillo also says he complained to da Silva about multiple biased disciplinary hearing administrators, and complained to at least one administrator directly about allegations of retaliation by da Silva.
Bryant, Carrillo’s attorney, told the Voice that Carrillo was sent multiple notices of intent to terminate his employment, and that the final letter of intent was the January 11 letter. A pre-disciplinary hearing was scheduled for February 5, but Carrillo did not attend that hearing as he did not have confidence in the process.
Guzman fired while on sick leave
In Guzman’s suit, he claims he was brought into a meeting with da Silva and “yelled at and berated” on December 28.
Guzman claims he had emailed the Lindsay City Council, Lindsay human resources director Mari Carillo and the city’s attorneys on December 26 to report that da Silva was taking vacations without reporting the hours to the city.
“Guzman discovered that da Silva had also been taking vacations without reporting them. Da Silva had about $4,000 of vacation hours on the books,” the document reads.
Word had gotten back to da Silva by the time of the meeting.
“Da Silva blamed Guzman for all the problems at the city and asked why he was questioning [da Silva’s] vacation,” the document reads, “proving that he knew about Guzman’s email to the city council. Da Silva said he is going to report Guzman, which Guzman believed he meant to terminate him.”
Guzman said that he called in sick for a few days afterward, “feeling completely distraught and emotional,” before he was called in to da Silva’s office on January 4 and terminated.
Alleged misuse of city credit cards, fuel funds
In his lawsuit, Guzman made unique allegations of credit card misuse against da Silva and Neyba Amezcua, Lindsay’s former city services director. Guzman also alleges Amezcua was given “numerous raises” over a short period of time, with no documentation to support them
Records from Transparent California, which collects the pay for public officials in the state, show that Amezcua received a “total pay” of $111,339 in 2022 as director of city services. In 2021 and before, she is listed as a city services assistant director. Amezcua was paid $91,345 in 2021, $75,014 in 2020, $67,384.66 in 2019 and $69,640 in 2018.
Amezcua declined to comment due to ongoing litigation and confidential personnel matters, stating that she looked forward to addressing claims “in the appropriate forum when the time comes.”
Guzman said that while he was attempting to find cost savings in the city’s spending in August 2023, he found that the city services department — headed by Amezcua — was spending more on fuel than the Lindsay Police Department.
“Guzman reasonably believed the cost to be excessive because the City of Lindsay is a small city and city services has only about six cars for eight-hour shifts while the police department has more cars for 24-hour shifts,” his lawsuit reads.
Reports of misspending allegedly ignored, dismissed
Guzman says he brought his concerns to former city manager Tanner in September 2023, but that they were dismissed.
Lindsay’s 2024-2025 budget states that actual Public Safety budget spending for “Vehicle Fuel and Oil” in Fiscal Year 2023 – which runs from July 1, 2022 to June 30, 2023 – was $83,138.
Budgets for departments overseen by City Services – “maintenance, streets, parks, building, code enforcement, planning, engineering, water, wastewater, storm drain utilities, refuse services, land application site, and special districts” – showed a total of $54,487 in “Vehicle Fuel and Oil” spending, a significant amount but less than the Public Safety spend:
- $2,520 in the City Services budget
- $14,195 in the Parks budget
- $3,165 in the Streets budget
- $4,119 in the “Gas Tax-Maintenance” budget
- $10,766 in the Water budget
- $17,863 in the Sewer budget
- $1,859 in the Refuse budget
Guzman also claimed in his lawsuit that he had discovered in September 2023 that Amezcua and da Silva had allegedly put personal charges on their city credit cards, with spending that he said seemed unusual – approximately $2,000 per month.
He said that Tanner authorized him to write a letter to Amezcua and da Silva reminding them that only work-related charges should be put on the cards, and that documentation for each purchase was required.
What’s next for the lawsuits?
A settlement conference is scheduled in Guzman’s case for May 15, 2025. If no settlement is found, Guzman’s case will see a jury trial on June 9.
Carrillo’s settlement conference is scheduled for May 30, 2025. If no settlement is reached, a jury trial will begin on July 7.
Know more
Read the full lawsuits below, or click here to view the full docket as of publication time for VCU306195, Richard Carrillo vs. City of Lindsay, or click here to view the full docket as of publication time for VCU307086, Salvador Guzman vs. City of Lindsay.
The problem here, I think, is that both of these individuals must prove the allegations. I believe that those are “at will” positions, meaning that the firings could be for ant reason or no reason without biolating law.