Lawsuit will haunt Costa Mesa, council

Nearly a year ago, three weeks after the Costa Mesa City Council put

City Atty. Jerry Scheer and Asst. City Atty. Tom Woods on

administrative leave and then reinstated them, we asked a simple

question: Hasn’t the city left itself open to legal retaliation by

Scheer or even Woods?

The answer, as was obvious then, was yes.

This month Scheer did what everyone should have expected and filed

a lawsuit against the city related to his suspension. Its complaints

include violation of free speech and due process, unlawful harassment

based on age and disability and violation of the Brown Act open

meeting law. The defendants are former City Councilwomen Linda Dixon

and Karen Robinson, Councilwoman Libby Cowan, Mayor Gary Monahan and

Senior Deputy City Atty. Marianne Reger.

The lawsuit is based on events that started in July 2001 when

Reger made a written complaint against Scheer. Scheer was eventually

cleared of the allegations by an independent counsel and independent

investigator in April 2002. Then in September, Scheer was placed on

administrative leave pending an investigation. The council decided

the matter in a closed session, without Scheer present, which Wood

deemed a violation of the state’s open meeting law. Also that month,

the council initiated an internal investigation and financial audit

of the Office of the City Attorney, which Cowan and Robinson led.

In October, the council voted, again in closed session, to

reinstate Scheer. He returned to work part-time until he was told to

work full-time or resign. Scheer chose to take sick leave and

continues on a leave of absence, without pay.

It has been a sad affair, one that could have been avoided from

the start if council members had been smarter about their decisions.

Placing Scheer on leave without serious reason was a mistake and

suggested serious offense. And until sufficient cause is given, the

burden of at least public proof will lie with the council.

That burden and that mistake will not haunt just the four council

members and city attorney named in the lawsuit, however. Costa Mesa

residents will lose out in two ways. First, the city is sure to earn

a black eye as this story plays out in the media and, unless the case

is settled, in the courts. No one wants to live in a city that is

pilloried on a daily basis. Second, however this ends, the city will

pay, whether through a settlement, in attorney fees or after losing

the case. And in a time of fiscal crisis across the state, no city

can afford such unnecessary expense.

However, there is a solitary hope. Conspicuously absent from the

lawsuit is the name Allan Roeder. Perhaps Costa Mesa’s city manager

can work a feat of magic and find a solution to this problem, one

that minimizes damage to Scheer and to the city. But that is asking a

great deal of even a great city manager.