Hmm, I still have the save game, so let me check...
Yes it is in fact very buggy.
here's what I noticed...
I moved my sovreign/pioneer 2 stack into an area of open ground with nothing nearby.
If I had my pioneer selected, the create city button was grayed out, and mouseover would tell me im too close to another city (which I wasnt, nearest city was at least 15 big squares away)
If I selected my sovreign, it let me do create city, however I did get the message that my sovreign had been damaged and retreated to the nearest city (which was the city i just built)
Having done that though, I still had my pioneer, which should have been eaten up to found the city.