A bitter $750,000 check

It may sound strange, but Costa Mesa city leaders should be pleased

when they write a $750,000 check to former City Atty. Jerry Scheer.

It could have been much bigger.

On Monday, the City Council agreed to that figure to settle a

lawsuit filed by Scheer that included 16 complaints for damages,

among them: violation of free speech and due process; unlawful

harassment based on age and disability; and violation of the Brown

Act open meeting law. The deal ended a more-than-two-year series of

events, dating back to July 2001. It was then that another city

attorney filed grievances against Scheer, grievances that an

independent investigation dismissed in April 2002.

But the story did not stop there. The city put Scheer on

administrative leave pending an investigation in September 2002. The

council decided the matter in a closed session, without Scheer

present, and did not let him ask to have the charges against him

discussed in an open session. That closed session was deemed a

violation of the state’s opening meeting law by Asst. City Atty. Tom

Wood.

As we have said before, the council’s action seemed certain to

draw the lawsuit, as it did. And, while at this point all the details

are unknown about what the charges were and why the council discussed

them behind closed doors -- and most likely they will remain so -- it

is fair to say the city leaders messed up and are having to pay for

their mistakes. It is unfortunate that residents and business owners

will have to bear that weight.

It also is unfortunate that this is a matter that cannot be made

public, as it involves “personal matters.” An investigation into how

things got out of control, whether issues and people were mishandled

and what could have been done to avoid a $750,000 settlement would be

instructive. Perhaps the city can do a private examination that will

serve some of the same ends.

Surely something good can come of this sad affair, some good

beyond it simply being behind us now.